Patna High Court
Harendra Yadav @ Harendra Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court denied bail to the petitioner.
Summary
Harendra Yadav was arrested on 2 April 2025 in connection with a case alleging that he assaulted the father of an informant, resulting in death. The petitioner sought bail, claiming a clean record and that the FIR was fabricated stemming from a petty dispute. The prosecution opposed bail, citing specific allegations in the FIR and supporting medical evidence. The court examined the seriousness of the charges under Sections 126(2), 115(2), 103(1) and 352 of the BNS, 2023, and the presence of medical proof. Concluding that the allegations were direct and substantiated, the court refused to grant bail.
Issues considered
- What is the appropriate decision on the bail application given the specific allegations and medical evidence?
Legislation cited
- BNS, 2023 — s. 103(1), 115(2), 126(2), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- medical evidence
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78799 of 2025
Arising Out of PS. Case No.-144 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
Harendra Yadav @ Harendra Prasad Yadav Son of Sri Surendra Yadav @
Surendra Yadav Resident of Village- Rambag, P.S.- Ranitalab District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Arvind Kumar, learned counsel for the
petitioner and Mr. Ram Naresh Ray, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.04.2025 in connection with Ranitalab P.S. Case No. 144 of
2025, F.I.R. dated 02.04.2025 for the offences punishable under
Sections 126(2), 115(2), 103(1) and 352 of the BNS, 2023.
3. According to prosecution case, this petitioner over a
petty dispute abused and brutally assaulted the informant's
father resulting into his death.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.78799 of 2025(4) dt.29-01-2026
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any offence as alleged in the F.I.R. It appears from the F.I.R
itself that due to some previous dispute the present occurrence
has taken place and 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 from perusal of the F.I.R it appears that there is
direct and specific allegation against the petitioner and the same
is supported by the medical evidences.
6. Considering the aforesaid facts and circumstances
that there is direct and specific allegation against the petitioner
and the same is supported by the medical evidences, I am not
inclined to enlarge the petitioner on bail in connection with
Ranitalab P.S. Case No. 144 of 2025 pending in the court of
learned Additional Sessions Judge- I, Danapur, Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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