Patna High Court
Subhash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 118(1), 126(2), 15(2), 3(5), 352
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
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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
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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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