Patna High Court
Bikash YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted bail to the petitioner subject to a bond and sureties.
Summary
Petitioner Bikash Yadav was arrested in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and his family. He contended that he was falsely implicated due to a local land dispute and political rivalry, asserting his innocence and clean criminal record. The State opposed his bail application, citing the seriousness of the charges. The Court examined the facts, the nature of the allegations, and the petitioner's lack of prior convictions, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties. The bail order was subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and required surrender within six weeks if arrested.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita
- Whether the petitioner's clean antecedent and alleged political motive justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- land dispute
- political motive
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.523 of 2026
Arising Out of PS. Case No.-5 Year-2025 Thana- BELHAR District- Banka
======================================================
Bikash Yadav S/O Arjun Yadav R/O Village- Gidha, P.S- Belhar, Dist.-
Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 74, 303(2), 110, 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., all the accused persons
including the petitioner assaulted the informant, his wife and his
daughter, due to which they sustained injuries.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to local politics. Further
submission is that petitioner and informant are gotiya and next
door neighbour and due to admitted land dispute between them,
altercation took place. There is case and counter case between
Patna High Court CR. MISC. No.523 of 2026(3) dt.02-04-2026
2/2
the parties for the same occurrence. The injuries to the injured
are simple in nature. Petitioner has got no criminal antecedent
and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation against the petitioner and clean antecedent, let the
above named petitioner be released on bail, in the event of arrest
or surrender before the learned court below within a period of
six weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial
Magistrate/Court concerned, Banka in connection with Belhar
P.S. Case No. 5 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.