Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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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