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Patna High Court

Arun YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Regular bail was granted to the petitioner.

Summary

Arun Yadav was arrested in connection with Barabar police case No.127 of 2025 for alleged assault with a lathi that caused a fracture to Prem Kumar’s hand, invoking several sections of the B.N.S. and Section 27 of the Arms Act. The petitioner claimed he was falsely implicated, asserted that the incident was a single, non‑premeditated assault on a non‑vital part of the body, and highlighted that he had been in custody since 19‑Oct‑2025 while already on bail in another case. The State opposed the bail application, arguing the seriousness of the offences. The Court considered the nature of the alleged assault, the lack of pre‑meditation, and the petitioner’s custody status, and ordered that bail be granted on a bond of Rs 10,000 with two sureties of the same amount. The application for regular bail was therefore allowed.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving assault and related offences under the B.N.S. and the Arms Act.

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 191(2), 191(3), 303(2), 351(2), 351(3), 352

Subjects

  • bail
  • assault
  • regular bail
  • surety
  • Criminal Procedure Code
  • Bihar
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7831 of 2026
                     Arising Out of PS. Case No.-127 Year-2025 Thana- BARABAR TOURIST District-
                                                        Jehanabad
                 ======================================================
                 Arun Yadav S/O Rambali Yadav Resident of Village - Kanhaiya Bigha, P.S-
                 Barabar Prayatak (Bishunganj), Dist Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amrendra Kumar Singh, Adv
                 For the Opposite Party/s :      Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   09-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Barabar P.S. Case No.

                   127 of 2025 registered for the offences punishable under

                   Sections 191(2), 191(3), 126(2), 115(2), 352, 351(2), 351(3),

                   303(2), 117(2), 109(1) of the B.N.S. and 27 of the Arms Act.

                                3. As per the prosecution case, this petitioner is

                   alleged to have assaulted by means of lathi on the hand of

                   injured Prem Kumar resulting into fractured injuries.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. Learned counsel for the petitioner has submits that
             Patna High Court CR. MISC. No.7831 of 2026(4) dt.09-04-2026
                                                         2/2




                       there is case and counter case between the parties and the

                       dispute arose suddenly without any pre-meditation to kill.

                       Moreover, the petitioner is alleged to have assaulted once on the

                       non vital part of the body without any repetition. It has lastly

                       been submitted that the petitioner is in custody since 19.10.2025

                       and although he is accused in one another case but it has been

                       submitted that he is on bail.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for bail of the petitioner.

                                    6. Considering the aforesaid submissions of the

                       parties and taking into account the facts and circumstance of the

                       case, let the petitioner above-named, be enlarged on bail on

                       furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       learned Court concerned, Judicial Magistrate 1st, Jehanabad in

                       connection with Barabar P.S. Case No. 127 of 2025.

                                    7. This applications stands allowed.



                                                  (Praveen Kumar, J)
niku/-

U        T


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