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Patna High Court

Ashok YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

Ashok Yadav was arrested in connection with a violent dispute between neighbours over drainage water, during which the informant was allegedly assaulted with a tanga, lathi and a sharp-edged weapon, sustaining head injuries. The petitioner sought bail, arguing that the incident was a mutual fight, there is no specific allegation of assault against him, and that most injuries were simple, with the informant's injury not clearly grievous. He had been in custody since 19 June 2025 and charges under multiple sections of the B.N.S. had been framed, but no witnesses had been examined, indicating the trial was not imminent. The State opposed bail. The court, considering the lack of serious injury, the absence of specific allegations, and the prolonged pre‑trial detention, ordered bail on a bond of Rs.10,000 with two sureties, subject to appearance conditions.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109(1), 352, 351(2) and (3) of the B.N.S.
  • Whether the facts show a likelihood of the petitioner fleeing, tampering with evidence, or committing further offences

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352

Subjects

  • bail
  • assault
  • neighbour dispute
  • pre‑trial detention
  • injury
  • B.N.S. sections
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70076 of 2025
                       Arising Out of PS. Case No.-63 Year-2025 Thana- CHANDAN District- Banka
                 ======================================================
                 Ashok Yadav Son of Bharat Yadav Resident of village - Luritand, P.S.-
                 Chandan, District - Banka, Bihar.
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Shruti Singh
                                                  Mr. Masoom Raza
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   10-02-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 118(1), 117(2), 109(1), 352, 351(2) and (3) of the B.N.S.

                                 3. The petitioner along with other co-accused persons

                   are said to have assaulted the informant with Tanga, lathi and

                   sharp edged weapon due to which he sustained head injury.

                                 4. Learned counsel for the petitioner submits that the

                   present incident took place out of a dispute with regard to

                   flowing of the drainage water and when the petitioner opposed

                   the act of the informant, a free fight occurred between the

                   parties. It is further submitted that there is a case and counter

                   case on both the sides and even upon perusal of the materials
Patna High Court CR. MISC. No.70076 of 2025(4) dt.10-02-2026
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          collected during the course of investigation, it would transpire

          from both paragraphs-37 and 56 of the case diary, that both the

          parties are neighbors and there is a dispute between them with

          regard to filling of soil and in such a physical altercation, some

          people became injured, however, there is no specific allegation

          on the petitioner with regard to assault. So far as injuries are

          concerned, most of the injured persons have sustained simple

          injuries but the for the informant himself whose injury also

          discloses some hemorrhagic contusions in right temporal region

          but it does not clearly indicate the same to be a grievous injury.

          Further, the petitioner is in custody since 19.06.2025 and

          charges have already been framed, however no witness has been

          examined till date, as such there is no likelihood of the

          conclusion of the trial.

                       5. Learned APP for the State has opposed the

          application for bail.

                           6. Taking into consideration the facts and

          circumstances and also considering that fact that the petitioner is

          in custody since 19.06.2025 and the charges have already been

          framed, let the above named petitioner, be enlarged on bail on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the
             Patna High Court CR. MISC. No.70076 of 2025(4) dt.10-02-2026
                                                         3/3




                       learned court below where the case is pending/successor court

                       in connection with Chandan P.S. Case No. 63 of 2025, subject to

                       the condition that the petitioner shall appear on each and every

                       date till conclusion of trial and if the petitioner does not appear

                       on two consecutive dates without any substantial and

                       satisfactory reason, the learned court below would be at liberty

                       to cancel his bail bonds.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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