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Patna High Court

Subhash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Subhash Yadav was arrested on 2 September 2025 in connection with a knife‑attack alleged to have taken place on 1 September 2025, for offences under Sections 126(2), 15(2), 118(1), 109(1), 352 and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution contended that the petitioner, along with co‑accused, assaulted the informant, while the petitioner’s counsel argued that he has a clean antecedent and the injury to the informant was simple. The Additional Public Prosecutor opposed bail. The Court, after noting the petitioner’s clean record and the minor nature of the injury, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Bettiah. The decision reflects the Court’s discretion to balance the seriousness of the charges with the petitioner’s personal circumstances.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyay Sanhita
  • Whether the simple nature of the injury and the petitioner’s clean antecedent justify bail

Legislation cited

Subjects

  • bail
  • assault
  • knife attack
  • simple injury
  • clean antecedent
  • Bharatiya Nyay Sanhita
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77858 of 2025
                 Arising Out of PS. Case No.-178 Year-2025 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Subhash Yadav S/o Prabhu Yadav R/o Village- Karampatti (Karanpatti), P.S-
                 Chanpatiya, Dist- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhannjay Kumar Ii, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   22-01-2026                      Heard Mr. Dhannjay Kumar Ii, learned counsel for

                   the petitioner as well as Mr. Bhanu Pratap Singh,                      learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.09.2025 in connection with Chanpatiya P.S. Case No. 178 of

                   2025, F.I.R. dated 01.09.2025 for the offences punishable under

                   Sections 126(2), 15(2), 118(1), 109(1), 352, 3(5) of the

                   Bharatiya Nyay Sanhita, 2023.

                               3.     According to prosecution case, the informant

                   alleged that when he was walking in front of his house after

                   dinner then all of a sudden the petitioner along with other co-

                   accused persons came and assaulted him with knife.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.77858 of 2025(3) dt.22-01-2026
                                            2/3




          implicated in the present case. The allegation levelled against

          the petitioner is false and fabricated. Although there is specific

          allegation against the petitioner that he has assaulted the

          informant and the informant received injury but the injury report

          of the informant suggest that injury inflicted upon him is simple

          in nature. He further submits that the police after investigation

          submitted the charge sheet and the petitioner is in custody since

          02.09.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and injury inflicted upon the

          informant is simple in nature, 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 C.J.M., Bettiah, West Champaran in

          connection with Chanpatiya P.S. Case No. 178 of 2025, subject

          to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.77858 of 2025(3) dt.22-01-2026
                                                        3/3




                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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