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Patna High Court

Binay Yadav @ Binay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered the release of both petitioners on bail with a bond of Rs. 10,000 each and two sureties.

Summary

The petitioners, Binay Yadav and Arun Kumar, were arrested in connection with a property dispute that allegedly led to an assault on the informant's father, who later died. The FIR charges them under several sections of the Bharatiya Nyaya Sanhita, including offences relating to assault, rioting, and criminal intimidation. The petitioners contended that they have clean records, that the only assault on the father was committed by another accused named Rocky, and that there is no specific allegation against the second petitioner. The State opposed bail but could not refute these contentions. Considering the lack of direct evidence linking the petitioners to the assault and their clean antecedents, the court granted bail to both petitioners upon furnishing a bond of Rs. 10,000 each with two sureties.

Issues considered

  • Whether bail should be granted to the accused persons charged under Sections 191(2), 190, 126(2), 115(2), 109, 303(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita in the present case.
  • Whether the allegations in the FIR sufficiently implicate the petitioners to justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • property dispute
  • false implication
  • Bharatiya Nyaya Sanhita
  • sections 191(2) 190 126(2) 115(2) 109 303(2) 352 351(2)
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58332 of 2025
                          Arising Out of PS. Case No.-84 Year-2025 Thana- Kurth District- Arwal
                 ======================================================
           1.     Binay Yadav @ Binay Kumar Son of Laldev Yadav Resident of Village -
                  Pondil, P.S.- Kurtha, District - Arwal.
           2.    Arun Kumar @ Arun Yadav Son of Dina Nath Yadav Resident of Village -
                 Kothia, P.S.- Kurtha, District - Arwal.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Uday Narayan Singh
                 For the Opposite Party/s :        Mr.Narendra Kumar Singh, APP
                                                   Mr. Zainul Abedin, Advocate
                                                   Mr. Sanobar Shahnaz
                                                   Mr. Ramendra Kumar Bharti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   16-02-2026               1.    Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                             2.    The petitioners seek bail in a case registered for the

                   offences punishable under Sections 191(2), 190, 126(2), 115(2),

                   109, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are persons with clean antecedent and the informant

                   alleges that the accused persons, who are his uncle (Mausa) and

                   maternal cousin, called him and his parents for discussing

                   property issue after the death of his maternal grandmother,
Patna High Court CR. MISC. No.58332 of 2025(4) dt.16-02-2026
                                            2/3




          accordingly the informant along with his father and mother went

          to meet them, when Rocky assaulted his father by rod causing

          injury on head, thereafter Sanjay, Ramesh and Binay assaulted

          by lathi and danda and the accused persons snatched his

          mother’s chain and acted inappropriately.

                   4.     Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that on

          account of dispute relating to property, the occurrence is alleged

          to have taken place. It is further submitted that even what has

          been alleged is true without admitting then the specific

          allegation of assaulting the father of the informant is against

          Rocky. It is also submitted that father of the informant died 15

          days after the occurrence during the course of treatment. It is

          submitted that father of the informant suffered only one injury

          on head as such allegation that he was assaulted apart from

          Rocky by other accused persons get belied. It is next submitted

          that petitioners are maternal cousin brother of the informant. It

          is also submitted that no specific allegation of assault is alleged

          against the petitioner no. 2. It is further submitted that

          petitioners are in custody since 12-6-2025.
              Patna High Court CR. MISC. No.58332 of 2025(4) dt.16-02-2026
                                                          3/3




                                 5.     Learned A.P.P. for the State and the learned counsel

                        appearing on behalf of the informant opposes the prayer for bail

                        of the petitioners, but then are not in a position to rebut the

                        submission of the learned counsel appearing on behalf of the

                        petitioners that specific allegation of assaulting the father of the

                        informant is against Rocky and the father of the informant

                        suffered only one injury.

                                 6.     Considering the submission made by learned

                        counsel for the petitioners, let the petitioners above named be

                        released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                        Ten Thousand) each with two sureties of the like amount each to

                        the satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Kurtha P.S. Case

                        No. 84 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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