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Patna High Court

Brajesh Kumar @ Brajesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that, in the absence of specific allegations against the petitioner and given his clean record, bail should be granted.

Summary

The petitioner, Brajesh Kumar, sought bail in a case registered under Sections 126(2), 115(2), 109, 352, 351(2), 351(3) and 3(5) of the Bihar Non‑Applicable (BNS) for alleged participation in a mob assault on the husband of an informant. The prosecution alleged that the petitioner was part of a group that abused and assaulted the victim, with specific accusations directed at other accused. The petitioner’s counsel argued that the allegations against him were vague, that he was merely a member of the mob, had no prior criminal record, and had been in judicial custody since 23‑03‑2026. The State opposed bail, contending the seriousness of the offences. After hearing both sides, the Court found the allegations against the petitioner to be general and not specific, and, considering his lack of antecedents, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the BNS.
  • Whether the allegations against the petitioner are specific enough to justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • mob assault
  • Bihar Non‑Applicable
  • Sections 126,115,109,352,351,3
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42977 of 2026
                   Arising Out of PS. Case No.-48 Year-2026 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
                 Brajesh Kumar @ Brajesh Yadav S/O Shambhu Yadav R/O Village- Sapha,
                 P.S- Maheshkunt, District- Khagaria.                 ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :      Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Maheshkhunt P.S. Case No.48 of 2026 registered for the

                   offence punishable under Sections 126(2), 115(2), 109, 352,

                   351(2), 351(3) & 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others started abusing and assaulting the

                   husband of the informant. It is specifically alleged that on

                   exhortion of one Binay Kumar, Nikesh Yadav fired with country

                   made pistol and Ranvir Kumar Ranjan assaulted with lathi to

                   the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that main thrust of allegation is against

                   Nikesh Yadav and Ranvir Kumar Ranjan. The allegation against

                   the petitioner is general and omnibus and it is apparent from the
            Patna High Court CR. MISC. No.42977 of 2026(2) dt.01-07-2026
                                                        2/2




                      order of the learned trial court             that learned trial court has

                      recorded that the husband of the informant has received head

                      injury and that bullet was extracted from the head. Learned

                      counsel for the petitioner has submitted that petitioner is merely

                      a member of the mob and there is no specific allegation against

                      him. It has lastly been submitted that the petitioner is having no

                      criminal antecedent and he is in judicial custody since

                      23.03.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Judicial Magistrate- 1st Class, Khagaria in connection with

                      Maheshkhunt P.S. Case No.48 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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