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Patna High Court

Wakil Kumar @ Wakil YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

Wakil Kumar (Wakil Yadav) was arrested in Sugauli police case No. 07 of 2025 for alleged assault on an informant's husband, charged under multiple sections of the B.N.S. The prosecution alleged he struck the victim twice with a farsa, causing unconsciousness. The defence argued the medical report showed only a superficial head injury inconsistent with a farsa wound and that the injuries were caused by a blunt object; the petitioner also sustained injuries and has no prior criminal record. A similar co‑accused had previously been granted bail. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious charges under sections 191, 190, 126, 115, 118, 74, 109, 303, 352 and 351 of the B.N.S.
  • Whether the injury report and medical opinion undermine the prosecution's allegation of assault with a farsa

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 74

Subjects

  • bail
  • criminal procedure
  • assault
  • injury report
  • false implication
  • medical evidence
  • prior bail precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7475 of 2026
                    Arising Out of PS. Case No.-7 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Wakil Kumar @ Wakil Yadav Son of Jaylal Yadav Resident of Village-
                 Bhatahan Laxmipur, Police Station- Sugauli, District -East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abu Nasar, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sugauli P.S. Case No. 07 of 2025 registered for the offence

                   punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   118(1), 74, 109, 303(2), 352 and 351(2) of B.N.S.

                                3. The case of the prosecution, in short, is that while

                   the informant was sitting on her door with her husband

                   meanwhile the petitioner along with 17 others arrived and it is

                   alleged that this petitioner has given two farsa blows on the

                   head of the informant’s husband due to which he got

                   unconscious.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.7475 of 2026(2) dt.09-02-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. From perusal of the injury report of the injured, namely,

          Vinod Yadav, it will transpire he has received following injuries.

                       (i) right hand lacerated wound between right thumb

          and index finger 2’’ deep muscle involved.

                       (ii) left hand forearm swelling (2’’ x 2’’)

                       (iii) left hand forearm abrased wound (½’’ x ½’’ ) clot

          present.

                       (iv) multiple abrased wound on scalp just skin (½’’ x

          ½’’ ).

                       (v) swelling of head (2’’x 2’’).

                       The doctor has opined that the injuries are caused by

          hard and blunt substance. Learned counsel has submitted that

          there is allegation that petitioner has assaulted twice with farsa

          on the head of the informant’s husband whereas from perusal of

          the injury report, it is clear that there is only one injury on his

          head and that too is superficial measuring ½’’ x ½’’ that can’t be

          the injuries caused by farsa as farsa is sharp cutting weapon and

          doctor has opined the injuries are caused by hard and blunt

          substance. The nature of injury and the allegations do not

          correlate with each other. There is also a counter version of this

          case and in that case petitioner’s side has also received injuries.
            Patna High Court CR. MISC. No.7475 of 2026(2) dt.09-02-2026
                                                        3/3




                      Learned counsel has also submitted that similarly situated co-

                      accused has been granted bail by this court vide Cr. Misc. No.

                      89661 of 2025. Petitioner is having no criminal antecedent.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the application for bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned Judicial

                      Magistrate, East Champaran at Motihari in connection with

                      Sugauli (East Champaran) P.S. Case No. 07 of 2025.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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