Patna High Court
Badal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners Badal Yadav, Buttan Mandal and Buttan Yadav were charged under Sections 103(1), 238, 61(2) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act for allegedly assaulting an informant’s family and causing the death of the informant’s brother. The informant’s statement implicated a different person, Karu Lal Yadav, and did not specifically name the petitioners. The petitioners argued that they were falsely implicated and that the FIR lacked a direct allegation against them, while the prosecution contended that the petitioners had fired on the victim and highlighted the criminal antecedents of one accused. The court examined the material on record, the absence of a specific charge against the petitioners in the FIR, and the clean antecedents of two of them, and decided to grant bail. Bail was ordered on a bond of Rs 10,000 with two sureties and subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to persons accused under Sections 103(1), 238, 61(2) of the Bharatiya Nyay Sanhita and Section 27 of the Arms Act.
- Whether the FIR specifically implicates the petitioners in the alleged assault and firing.
- Whether the presence of prior criminal antecedents of any accused affects the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 238, 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- Arms Act
- FIR
- assault
- Katihar
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77924 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Badal Yadav S/O Mangan Yadav Resident of Mohalla/ Village - Gandhi Ghar,
Bindhtoli, Kheriya Yadav Tola, P.S.- Kursela, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 78075 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Buttan Mandal S/o Mahesh Mandal Resident of Mohalla/ Village - Gandhi
Ghar, Bindhtoli, Kheriya Yadav Tola, P.S.- Kursela, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80235 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Buttan Yadav son of Kishun Yadav @ Kishan Yadav Resident of
Mohalla/Village - GandhiGhar, Bindhtoli, Kheriya Yadav Tola, P.S.- Kursela,
District-Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 77924 of 2025)
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
For the Informant : Mr. Manish Kumar, Advocate
: Ms. Asha Verma, Advocate
(In CRIMINAL MISCELLANEOUS No. 78075 of 2025)
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey
For the Informant : Mr. Manish Kumar, Advocate
: Ms. Asha Verma, Advocate
Patna High Court CR. MISC. No.77924 of 2025(4) dt.22-01-2026
2/4
(In CRIMINAL MISCELLANEOUS No. 80235 of 2025)
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey
For the Informant : Mr. Manish Kumar, Advocate
: Ms. Asha Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 22-01-2026 Heard learned counsel for the petitioners, learned
counsel appearing on behalf of the Informant as well as Mr.
learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail in connection with Kursela
P.S. Case No. 64 of 2025, F.I.R. dated 18.03.2025 for the
offences punishable under Sections 103(1), 238, 61(2) of the
Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant
alleged that on 18.03.2025, when he along with his family
members went to work in his field, then FIR named accused
persons including the petitioners started abusing and assaulted
informant’s side and fired upon them due to which, informant’s
brother died.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they are falsely been implicated in
the present case. From bare perusal of the FIR it appears that
there is no specific allegation of assault or overt act or firing
attributed against the petitioners and during investigation
various statements of the informant was recorded in which he
Patna High Court CR. MISC. No.77924 of 2025(4) dt.22-01-2026
3/4
has categorically stated that Karu Lal Yadav had fired upon the
victim and he did not stated anything about the petitioners. The
police after investigation submitted charge-sheet and petitioners,
namely, Badal Yadav is in custody since 25.07.2025, Buttan
Mandal is in custody since 14.05.2025, Buttan Yadav is in
custody since 29.07.2025.
5. The learned counsel appearing on behalf of the
informant as well as learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner and
submits that petitioners have fired upon the victim and apart
from that petitioner, namely, Buttan Yadav carries three criminal
antecedents in which he is on bail in all the three cases whereas
petitioners, namely, Badal Yadav and Buttan Mandal have
clean antecedent.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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
Chief Judicial Magistrate, Katihar in connection with Kursela
P.S. Case No. 64 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.77924 of 2025(4) dt.22-01-2026
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and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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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