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Patna High Court

Bikash YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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