Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner on the condition of furnishing a Rs. 15,000 bond with two sureties of equal amount.
Summary
The petitioner, Ashok Yadav, was arrested in connection with a case involving alleged assault on the informant's daughter and the informant himself, arising from a trivial dispute over children’s play. The prosecution alleged that the petitioner, along with others, assaulted the victims while in an agitated state, and the FIR was lodged three days after the incident. The petitioner’s counsel argued that he was falsely implicated due to a land dispute, had no criminal antecedent, and that no incriminating material was found in his possession; he also highlighted that a co‑accused had already been granted bail. The State opposed the bail application, emphasizing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita, 2023. Considering the petitioner’s custody period, lack of prior record, and the precedent of bail to a co‑accused, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- The applicability of bail provisions to offences under Sections 126(2), 115(2), 118(2), 109, 74, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay of three days in lodging the FIR warrants denial of bail.
- Whether the petitioner’s alleged involvement, lack of incriminating material, and clean record justify bail.
- Impact of a co‑accused already being granted bail on the petitioner’s bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 74
Subjects
- bail
- assault
- Bharatiya Nyaya Sanhita
- delay in FIR
- land dispute
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7574 of 2026
Arising Out of PS. Case No.-234 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Ashok Yadav S/O Chhathu Yadav Resident of Village- Sisawaniya, Ward No.-
1, P.S- Ramgarhawa, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Ramgarhawa P.S. Case No. 234 of 2025, instituted for the
offences punishable under Sections 126(2), 115(2), 118(2), 109,
74, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on a trivial
issue regarding playing of children, some verbal altercation took
place and the accused persons including the petitioner, in an
aberated condition, started assaulting the daughter of the
informant, in the meantime, informant came to save her then the
petitioner along with others also assaulted the informant due to
which he sustained injuries.
Patna High Court CR. MISC. No.7574 of 2026(2) dt.02-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that there is delay of three days in
lodging the FIR. Both the parties are agnates and due to land
dispute the petitioner has been implicated in this case. It is next
submitted that no specific allegation has been attributed against
the petitioner rather specific allegation of assault is levelled
against co-accused Lalji Yadav. The petitioner is in custody
since 23.10.2025 and has got no criminal antecedent. Learned
counsel for the petitioner further submitted that other co-
accused has been granted regular bail by this Court vide order
dated 16.10.2025 passed in Cr. Misc. No. 72568 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.7574 of 2026(2) dt.02-02-2026
3/3
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ramgarhawa P.S.
Case No. 234 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…