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Patna High Court

Sudhir Yadav @ Sudhir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Sudhir Yadav was arrested in connection with a case registered under Sections 126(2), 115(2), 117(2), 109(1), 303(2) and 3(5) of the BNS for allegedly assaulting and seriously injuring an informant. He had been in custody since 12 February 2025 and his earlier bail application was rejected on 23 April 2025. The petitioner filed a second regular bail application, arguing that the period of custody and the injury report warranted release. The court examined the seriousness of the offences, the length of detention, and the medical report, and found no compelling reason to continue incarceration. Consequently, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the BNS.
  • Whether the period of custody and the injury report justify the grant of bail.

Legislation cited

  • BNS — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5)

Subjects

  • bail
  • regular bail
  • assault
  • custody
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73757 of 2025
                       Arising Out of PS. Case No.-128 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
                 Sudhir Yadav @ Sudhir Kumar Son of Baleshwar Yadav @ Baleshar Yadav
                 R/o Village - Bhagwanpur, P.S. - Muffssil, Dist. - Nawada.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Deepak Kumar
                 For the Opposite Party/s :       Mr.Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Nawada Town P.S. Case

                   No. 128 of 2025 registered for the offence under Sections

                   126(2), 115(2), 117(2), 109(1), 303(2), 3(5) of the BNS. Earlier

                   the bail application of the petitioner was rejected vide order

                   dated 23.04.2025 passed in Cr. Misc. No. 21190 of 2025.

                                   3. As per the prosecution case, the petitioner and

                   others are said to have brutally assaulted and seriously injured

                   the informant.

                                   4. The petitioner is named in the FIR and he is in

                   custody since 12.02.2025.
          Patna High Court CR. MISC. No.73757 of 2025(3) dt.11-02-2026
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                                    5. Considering the period of the custody and the

                    injury report, this application is allowed.

                                     6. Let the petitioner, above named, be released on

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

                    with two sureties of the like amount each to the satisfaction of

                    the learned Additional Sessions Judge-XI, Nawada/concerned

                    Court below in connection with Nawada Town P.S. Case No.

                    128 of 2025.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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