Patna High Court
Hukumdeo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied the petitioner's application for regular bail.
Summary
Hukumdeo Yadav applied for regular bail in a case registered under several sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault with a farsa that caused a skull fracture to an informant. The prosecution contended that the petitioner directly assaulted the informant, resulting in serious head injury and loss of consciousness. The petitioner claimed false implication stemming from a land dispute and asserted he had no prior criminal record. The State opposed bail, emphasizing the specific allegation of a violent assault and the nature of the injuries. After hearing both sides, the Court declined to grant bail, noting the seriousness of the alleged assault, and allowed the petitioner to re‑apply after six months.
Issues considered
- Whether regular bail should be granted to the petitioner despite allegations of assault causing serious bodily injury
- Whether the claim of false implication arising from a land dispute affects the bail consideration
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- serious injury
- false implication
- land dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6382 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Hukumdeo Yadav S/o Late Rajdeo Yadav R/o Village - Bijuliya, P.S - Biraul,
District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Biraul P.S. Case no.262
of 2025 registered under sections 126(2), 115(2), 118(1), 117(2),
303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner and
others are said to have assaulted the informant and the members
of his family. The petitioner is said to have assaulted with a
farsa causing injury on the head of the informant.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case. There is
allegation of assault on three accused persons. The cause of
false implication is the land dispute between the parties. The
Patna High Court CR. MISC. No.6382 of 2026(2) dt.04-02-2026
2/2
petitioner is in custody since 13.10.2025 and has no criminal
antecedent.
5. The application for bail is opposed by learned A.P.P.
for the State who submits that there is direct and specific
allegation against the petitioner of having assaulted with a farsa
on the head of the informant as a result of which he had fracture
of the skull and he fell down unconscious.
6. Having heard learned counsel for the parties and
taking into consideration the allegations of assault with a farsa
against the petitioner together with the corresponding injuries
having been found on the body of the informant, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
Saurabh/-
U T
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