Patna High Court
Bhupendra Yadav @ Bhupendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was not granted to the petitioner.
Summary
Bhupendra Yadav was arrested on 20 June 2025 in connection with a case where he was alleged to have attacked his informant's cousin sister with a sharp weapon, resulting in the amputation of her hand and other injuries. The petitioner, claiming a clean record and that the allegations were fabricated, sought bail. The prosecution presented an injury report detailing multiple grievous and simple injuries, emphasizing the seriousness of the offence. The court examined the nature of the injuries, the charges under the Bihar Narcotic Substances Act, 2023, and the lack of any mitigating factor. Considering the gravity of the offences and the evidence of serious injury, the court refused the bail application. Consequently, the petition for bail was dismissed.
Issues considered
- Whether bail should be granted to the accused in light of the serious nature of the offences and the grievous injuries inflicted
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 117(2), 118(2), 126(2), 3(5), 74
Subjects
- bail
- grievous hurt
- injury report
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78581 of 2025
Arising Out of PS. Case No.-310 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Bhupendra Yadav @ Bhupendra Kumar Yadav Son of Laxman Yadav R/O
Vill.- Sarfafur, P.S.- Udwantnagar, Dist.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Manoj Kumar, learned counsel for the
petitioner and Mr. Shahabuddin Azeem @ S. Azeem, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.06.2025 in connection with Udwant Nagar P.S. Case No. 310
of 2025, F.I.R. dated 19.06.2025 for the offences punishable
under Sections 126(2), 117(2), 118(2), 109, 74 and 3(5) of the
BNS, 2023.
3. According to prosecution case, the informant's
cousin sister was attacked by her brother-in-law who is
petitioner in the present case by means of sharp weapon due to
which her hand got amputed.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.78581 of 2025(4) dt.29-01-2026
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R and due to some previous
dispute the present occurrence has taken place. Although there is
specific allegation against the petitioner but there is no intention
to kill anyone.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the wrist of the injured person has been amputed
which is evident from the injury report reproduced
hereinbelow:-
"Injury- (1) Lacerated wound right upper
limb 2" above wrist amputed distal part of
right hand
(2) sharp cutting wound of sixe
3"*2"* muscle deep right parietal region
(3) Lacerated wound of size
5"*4"* muscle deep 3" poxime to left wrist
joint
(4) Lacerated of size 1"*1/2"*
muscle deep on frontal parietal region
(5) Lacerated of size 3"*2"*
muscle deep left side upper part of chest
(6) Lacerated 3"*2"* muscle
deep right upper part
M.I.- Mole on right side face
A.I- <1 hours
Nature of Injury- Injury no. 1&4 is
Grievous
Mob- 8987380304 Injury no. 2, 3, 5, 6 is
simple"
6. Considering the aforesaid facts and circumstances,
I am not inclined to enlarge the petitioner on bail in connection
Patna High Court CR. MISC. No.78581 of 2025(4) dt.29-01-2026
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with Udwant Nagar P.S. Case No. 310 of 2025 pending in the
court of learned CJM, Bhojpur at Ara.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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