Patna High Court
Kaleshwar Yadav @ Kale Yadav @ KaleversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to both petitioners.
Summary
The petitioners, Kaleshwar Yadav and Bhola Yadav, were arrested in connection with an alleged assault on an informant, his nephew, and his wife, under multiple sections of the Bhartiya Nyaya Sanhita, 2023 and the Bihar Prevention of Witchcraft-Related Offences Act, 2018. They applied for regular bail, claiming they were falsely implicated and that the injuries were simple in nature. The prosecution argued that the petitioners were armed and caused injuries, and highlighted prior convictions for similar offences. The court observed that the injury to the informant was simple, no injury report for the nephew and wife was on record, and the petitioners had been in custody since 22 July 2025 with a charge‑sheet already filed. Considering these factors, the court ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the accused under the listed provisions of the Bhartiya Nyaya Sanhita, 2023 and the Bihar Prevention of Witchcraft‑Related Offences Act, 2018 given the nature of alleged injuries and prior convictions.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 191(2), 191(3), 303(2), 351(2), 352, 76
Subjects
- bail
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- witchcraft act
- injury
- prior conviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73327 of 2025
Arising Out of PS. Case No.-138 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
1. Kaleshwar Yadav @ Kale Yadav @ Kale S/O Late Chulhan Yadav Resident
of village - Bhabhriya, P.S- Ramgarh Chowk ,District- Lakhisarai
2. Bhola Yadav S/O Late Chulhan Yadav Resident of village - Bhabhriya, P.S-
Ramgarh Chowk ,District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
Mr. Indrajeet Kumar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
Mr. Narsingh Tanti, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Ramgarh Chowk P.S.
Case no.138 of 2025 registered under sections 115(2), 126(2),
109(1), 303(2) 352, 351(2), 191(2), 191(3) and 76 of the
Bhartiya Nyaya Sanhita, 2023 and sections 3 & 4 of the Bihar
Prevention of Witchcraft-Related Offences Act, 2018 (Dain
Act).
3. As per the prosecution case, the accused persons
including the petitioners herein are said to have come variously
armed and of having assaulted the informant leading to injuries.
It is further stated that Bhola Yadav was armed with an iron rod
Patna High Court CR. MISC. No.73327 of 2025(3) dt.21-01-2026
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and he has also assaulted the nephew of the informant while
Kale Yadav is said to have assaulted the wife of informant
leading to injuries.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. No such
occurrence as alleged has taken place. The manner of
occurrence is other than what has been narrated in the F.I.R. The
injury on the informant has been found to be simple in nature.
The petitioners are in custody since 22.7.2025 and charge-sheet
has been submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State and learned counsel for the informant. Learned
counsel for the informant submits that not only the petitioners
are named in the FIR but there is specific allegation against
them and injury has been caused to the informant on vital part of
the body. Learned counsel submits that both the petitioners were
convicted in a similar offence on earlier occasion.
6. Having heard learned counsel for the parties and
having perused the material that has transpired in course of
investigation, it transpires that the nature of injury on the
informant has been opined to be simple in nature. The injury
report of the nephew and wife of the informant is not available
Patna High Court CR. MISC. No.73327 of 2025(3) dt.21-01-2026
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in the case diary nor is the learned counsel for the informant
aware of the same. Taking into consideration the allegation of
assault on the informant being general and omnibus in nature
together with the petitioner having remained in custody since
22.7.2025 and charge-sheet having been submitted in the case,
both the petitioners are directed to be enlarged on bail in
connection with Ramgarh Chowk P.S. Case no.138 of 2025 on
each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Lakhisarai.
(Partha Sarthy, J)
Shiv/-
U T
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