Patna High Court
Abhishek Kumar @ Umesh Yadav @ Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioners subject to a bond of Rs.10,000 each and conditions prescribed under Section 480(3) of the BNS Act.
Summary
The petitioners, Abhishek Kumar, Dilip Kumar and Madan Yadav, were charged under multiple sections of the Bihar Non-Applicable (BNS) Act for allegedly assaulting an informant and his family with lathis, causing grievous injury to the informant's father. They contended that they are agnates of the informant, were falsely implicated due to prior enmity, and that the FIR was lodged without proper motive. The State and the informant’s counsel argued that specific allegations and medical reports corroborated the assault. The court noted the petitioners' clean antecedent, the duration of their custody since July 2025, and the submission of the charge sheet. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNS and other standard bail conditions.
Issues considered
- Whether bail should be granted to the accused persons charged under Sections 191(2), 191(3), 126, 115(2), 352, 117, 351(2-4), 109 and 76 of the BNS Act.
- Whether the allegations in the FIR are sufficient to deny bail given the petitioners' clean antecedent and the submission of the charge sheet.
Subjects
- bail
- assault
- criminal procedure
- clean antecedent
- charge sheet
- Bihar
- BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73718 of 2025
Arising Out of PS. Case No.-11 Year-2024 Thana- CHAKARANDHA P.S. District- Gaya
======================================================
1. Abhishek Kumar @ Umesh Yadav @ Umesh Kumar S/O Thakuri Yadav
R/O Village - Barha, P.S- Chhakarbandha, Dist- Gaya.
2. Dilip Kumar S/O Thakuri Yadav R/O Village - Barha, P.S- Chhakarbandha,
Dist- Gaya.
3. Madan Yadav S/O Thakuri Yadav R/O Village - Barha, P.S- Chhakarbandha,
Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Javed Jafar Khan, Advocate
For the State : Mr. Nagendra Prasad, APP
For the Informant : Mr. Mahendra Thakur, Adv.
Mr. Krishna Prabhat, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Chhakarbandha P.S. Case No. 11 of 2024,
registered for the offences under Sections 191(2), 191(3), 126,
115(2), 352, 117, 351(2-4), 109, 76 of the BNS.
3. As per the prosecution case, petitioners and other
co-accused persons indiscriminately assaulted the informant
with lathi and when the father of the informant came for his
rescue, the petitioner nos. 1 and 3 hit him with lathi on his left
temple making him unconscious. Other family members of the
informant were also assaulted including the female inmates of
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the house of the informant.
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners and the informant side
are agnates and they have been falsely implicated due to
previous enmity. The allegations are general and omnibus in
nature. The FIR has been lodged after due deliberation as for the
occurrence of 01.11.2024 the FIR has been lodged on
06.11.2024. The informant has concealed the true fact and
lodged the instant FIR without assigning any motive or giving
any reason. Learned counsel further submits that only one injury
on the father of the informant has been found to be grievous.
Petitioners are having clean antecedent and they are in custody
since 30.07.2025 and charge sheet has been submitted.
5. Learned A.P.P. appearing for the State as well as
learned counsel for the informant vehemently oppose the
submission made on behalf of the petitioners. Learned counsel
for the informant submits that there is specific allegation against
petitioner nos. 1 and 3 that they assaulted the father of the
informant on the left temple of his head and the injury report
corroborates the allegation.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
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clean antecedent of the petitioners and their period of custody
and submission of charge sheet, the petitioners are directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned SDJM, Sherghati,
Gaya/concerned court, in connection with Chhakarbandha P.S.
Case No. 11 of 2024, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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