Patna High Court
Bala YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
In the absence of specific evidence attributing the grievous injury to the petitioner and considering his clean antecedent, bail was granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Bala Yadav, sought bail in a criminal case (Bihiya P.S. Case No.60 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023. The incident arose from a land dispute that escalated into a fight where several persons, including the informant’s maternal nephew, sustained injuries and valuables were stolen. The petitioner contended that no specific allegation linked him to the grievous injury and highlighted his clean antecedent, while the State argued his active participation and the seriousness of injuries. The court noted the omnibus nature of the charge, the lack of direct attribution of the grievous injury to the petitioner, and his favorable antecedent. Consequently, the court ordered his release on bail with a bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including that one bailor be a close relative.
Issues considered
- Whether bail should be granted in view of the omnibus accusation and the charges under the Bharatiya Nyaya Sanhita, 2023
- Whether the absence of specific evidence linking the petitioner to the grievous injury warrants bail
- Whether the petitioner's clean antecedent influences the bail decision
- Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 352
Subjects
- bail
- criminal procedure
- grievous injury
- clean antecedent
- omnibus accusation
- Bharatiya Nyaya Sanhita
- Section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50100 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- BIHIA District- Bhojpur
======================================================
Bala Yadav, S/O Bhutnath Yadav Resident of Village- Pipra Jagdish, P.S.-
Bihiya, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 21-01-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Bihiya P.S. Case No. 60 of 2025 registered for
the offences under Sections 126(2), 115(2), 352, 118(2), 303(2),
109, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. In the evening of the fateful day, while the maternal
nephew of the informant went to his farm, in the meantime, the
accused persons caught hold of him and started abusing. On
protest, they have brutally assaulted. It is further alleged that
when the informant and others came to his rescue, they were
also assaulted by the accused persons, due to which all of them
have sustained serious injuries, besides the aforesaid allegation,
the accused persons also snatched the valuables.
4. Learned Advocate for the petitioner submitted that
besides the fact that the genesis of the occurrence is a land
Patna High Court CR. MISC. No.50100 of 2025(4) dt.21-01-2026
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dispute, resulting into a free fight and injuries to the persons of
both sides, there is no specific accusation against the petitioner
that he has specifically assaulted any of the injured. Moreover,
the maternal nephew of the informant has sustained one
grievous injury, but the same is not specifically attributed to the
petitioner. Other two persons have also sustained injury, but are
of simple in nature. In the said occurrence, the persons of the
petitioner's side have also sustained injuries, but the prosecution
has not explained the injuries sustained to them. The petitioner
bears clean antecedent and claims himself to be an innocent.
5. On the other hand, learned APP for the State
vehemently opposes the bail application and submits that on
account of active participation of the petitioner with other
accused persons, three of the persons, including the informant,
have sustained serious injuries, out of which one is found to be
grievous in nature.
6. Having considered the submissions Advanced by
the learned Advocate for the respective parties and taking note
of the omnibus nature of accusation; besides the fair antecedent
of the petitioner, as also the fact that the grievous injury
sustained to the injured Rahul Yadav is not specifically
attributed to the petitioner, let the petitioner, named above, in
Patna High Court CR. MISC. No.50100 of 2025(4) dt.21-01-2026
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the event of his arrest or surrender before the court below within
four weeks from the date of receipt/production of a copy of this
order, be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Bhojpur at Ara in connection with Bihiya P.S. Case
No. 60 of 2025, subject to the condition as laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita,
2023 with the further condition that one of the bailors shall be
the own/close relative of the petitioner.
(Harish Kumar, J)
uday/-
U T
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