Patna High Court
Binay Yadav @ Binay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352
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
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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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