Patna High Court
Ajay Yadav @ Ajay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Ajay Yadav, was arrested in connection with an assault on an informant’s head using the butt of a pistol, and charged under Sections 126(2), 115(2), 109, 303(2), 61(2) and 3(5) of the B.N.S. He applied for bail, claiming innocence and alleging that he was falsely implicated due to prior enmity. The State opposed the bail application, emphasizing the seriousness of the charges. The Court examined the nature of the accusation, the period of custody since 15‑10‑2025, and the circumstances surrounding the case. Considering these factors, the Court found no compelling reason to keep the petitioner in custody and allowed the bail. Accordingly, the petitioner was released on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under the listed sections of the B.N.S. given the nature of the offence and period of custody?
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- assault
- B.N.S.
- sections
- Patna High Court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5541 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- JHANJHARPUR District- Madhubani
======================================================
Ajay Yadav @ Ajay Kumar Yadav S/O Videshi Yadav R/O Village-
Daiyakharbar, P.S- Sakatpur, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Baleshwar Kamat, Advocate
For the State : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 109, 303(2),
61(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner assaulted on he head of informant with butt of pistol.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner has falsely been implicated in this case due to
previous enmity. Moreover, charge-sheet has already been
submitted and petitioner is in custody since 15.10.2025.
Patna High Court CR. MISC. No.5541 of 2026(2) dt.16-02-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation and period of custody, the prayer for
grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-Ist, Jhanjharpur, District-
Madhubani in connection with Jhanjharpur P.S. Case No. 117 of
2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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