Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 438(2) CrPC and Section 482 BNSS.
Summary
Vijay Yadav applied for bail in connection with a criminal case (PS No. 508 of 2024) alleging assault under several sections of the BNS. The prosecution alleged that the petitioner and co‑accused assaulted the victim, while the petitioner claimed innocence and that the injury was simple. The court examined the nature of the injury and the seriousness of the charges. Finding the injury to be simple, the court allowed the bail application. The petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the alleged assault and the charges under the BNS.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- assault
- simple injury
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5678 of 2026
Arising Out of PS. Case No.-508 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Vijay Yadav S/o Kailash Yadav Resident Of Village- Kena Tola Pokhar, P.S.-
Muffasil, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Muffasil P.S. Case No. 508 of 2024 registered
for the offence under Sections 126(2), 115(2), 352, 351(2), 74,
109, 3(5) of the BNS.
3. As per the prosecution case, the petitioner and
other accused persons are said to have assaulted the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the injury
caused to the victim has been found simple in nature.
5. Considering the fact that the injury is found to be
Patna High Court CR. MISC. No.5678 of 2026(2) dt.24-02-2026
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simple in nature, this application is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned ACJM,1st
Nawada/concerned Court below in connection with Muffasil
P.S. Case No. 508 of 2024, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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