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Patna High Court

Devbali YadavversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The bail application was dismissed, and the petitioner was not released on bail.

Summary

The petitioner, Devbali Yadav, was arrested on 24 January 2025 in connection with a case of assault that allegedly caused the death of the informant's son. The FIR, dated 15 November 2025, charges him under multiple sections of the B.N.S., 2023, including offences of assault, homicide, and related offences. The petitioner contended that he acted without intent to kill, that the FIR was filed three days after the incident without explanation, and that the death occurred four days after the alleged injury, seeking bail. The State and the informant opposed bail, emphasizing the specific allegation of assault with an iron rod leading to fatal head injury, supported by the post‑mortem report. The trial court had framed charges and examined only two of twelve prosecution witnesses, indicating the trial was ongoing. The High Court, after considering the seriousness of the allegations and the stage of the trial, refused the bail application and directed the trial court to expedite the proceedings.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the nature of the offences and the stage of the trial?
  • Does the delay in filing the FIR and the time lapse between injury and death affect the bail consideration?

Legislation cited

  • B.N.S., 2023 — s. 103(1), 109, 115(2), 117(2), 126(2), 303(2), 324(4), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • assault
  • homicide
  • post‑mortem report
  • trial stage
  • delay in FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49866 of 2025

                     Arising Out of PS. Case No.-530 Year-2024 Thana- PANCHRUKHI District- Siwan
                 ======================================================
                 Devbali Yadav S/O Late Tapeshar Yadav @ Tapeshwar Yadav Resident of
                 Village- Jasauli Kharg, P.S. - Pachrukhi, District- Siwan.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Bijay Prakash Singh, Advocate
                 For the State           :       Mr. Umanath Mishra, APP
                 For the Informant       :       Mr. Ajay Kumar Tiwary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   16-03-2026                   Heard Mr. Bijay Prakash Singh, learned counsel for

                   the petitioner, Mr. Umanath Mishra, learned APP for the State

                   and Mr. Ajay Kumar Tiwary, learned counsel for the informant.

                                 2. The petitioner seeks bail, who is in custody since

                   24.01.2025, in connection with Panchrukhi P.S. Case No. 530 of

                   2024, F.I.R. dated 15.11.2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 117(2), 109, 303(2),

                   324 (4), 352, 351(2), 3(5) of the B.N.S., 2023 and vide order

                   dated 16.11.2024, section 103(1) of the B.N.S., 2023 was added.

                                 3. As per prosecution case, allegation against the

                   petitioner and other accused persons are of assault to the

                   informant and his family members. There is specific allegation

                   against this petitioner is assault to the son of the informant with
Patna High Court CR. MISC. No.49866 of 2025(5) dt.16-03-2026
                                            2/3




          iron rod upon his head due to which he died during course of

          treatment.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner is innocent and has committed no

          offence as alleged in the FIR. From perusal of the FIR, it

          appears that due to some petty dispute, the present occurrence

          has taken place. Although, the specific allegation against the

          petitioner is that he has assaulted the son of the informant and

          other family members of the informant but there was no

          intention to kill anyone. Apart from the aforesaid, the date of

          occurrence as alleged in the FIR is 12.11.2024 but the present

          FIR has been instituted on 15.11.2024 after delay of three days

          without giving any explanation for such delay and the son of the

          informant was injured on 12.11.2024 but he has died on

          16.11.2024 which suggests that he has not died on the date of

          the occurrence. The petitioner is in custody since 15.04.2025.

                       5. Learned counsel for the State as well as learned

          counsel for the informant have vehemently opposed the prayer

          for bail and submits that it appears from the FIR that there is

          direct and specific allegation of assault attributed against the

          petitioner that he has assaulted the son of the informant by

          means of iron rod and he has received the head injury and the
            Patna High Court CR. MISC. No.49866 of 2025(5) dt.16-03-2026
                                                        3/3




                      postmortem report of the deceased (son of the informant)

                      suggest that cause of death is hemorrhagic shock due to above-

                      mentioned injury caused by hard and blunt object.

                                   6. Vide order dated 06.02.2026, a report was called for

                      with regard to stage of trial. Report dated 11.02.2026 of the trial

                      court reveals that charge has been framed against the petitioner

                      on 16.07.2025 and out of 12 prosecution witnesses, 2 witnesses

                      have been examined which suggest that the trial is going on.

                                   7. Considering the aforesaid facts and circumstances

                      of the case and nature of allegation against the petitioner, I am

                      not inclined to enlarge the petitioner on bail in connection with

                      Panchrukhi P.S. Case No. 530 of 2024, pending in the court of

                      learned Chief Judicial Magistrate, Siwan.

                                   8. Prayer is refused.

                                   9. However, the learned Trial Court is directed to

                      expedite the trial and conclude the same at the earliest.


                                                 (Rajesh Kumar Verma, J)

Ranjeet/-
U       T


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