Patna High Court
Madan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to bail as the application was found to be bona fide and there was insufficient justification to keep him in custody.
Summary
The petitioner, Madan Yadav, was arrested on 18‑12‑2025 in connection with a case registered under several sections of the BNS for allegedly assaulting a victim. He applied for bail, claiming innocence and false implication. The prosecution alleged that he assaulted an injured victim, but no further evidence was discussed. Senior counsel for the petitioner argued that the allegations were baseless and that continued detention would be unjust. The Court examined the bail application, considered the nature of the offences and the petitioner’s claim of innocence, and decided to grant bail. Accordingly, the petitioner was ordered to be released on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under sections 191(2), 190, 127(1), 115(2), 303(2), 74, 109 and 351(2) of the BNS
- Whether the petitioner’s claim of false implication warrants the grant of bail
Legislation cited
- BNS — s. 109, 115(2), 127(1), 190, 191(2), 303(2), 351(2), 74
Subjects
- bail
- criminal procedure
- false implication
- assault
- BNS
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7929 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Madan Yadav S/o Shiv Lochan Yadav R/o vill - Jawhi Diyar, P.S.- Brahampur,
Distt- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Adv.
Mr.Dr. Kamal Deo Sharma
Mr. Tushar Vaibhav
For the Opposite Party/s : Mr.Rajendra Nath Jha
Mr. Surendra Kr. Singh
For the Informant : Ms. Rushali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Brahampur P.S. Case NO. 208 of 2025 registered for the offence
under 191(2), 190, 127(1), 115(2), 303(2), 74, 109, 351(2) of the
BNS.
3. As per the prosecution case, the petitioner is
accused of assaulting one of the injured victims.
4. Learned senior counsel for the petitioner
submits that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that the petitioner is
in custody since 18.12.2025.
5. Considering the aforesaid facts, this application
Patna High Court CR. MISC. No.7929 of 2026(3) dt.26-03-2026
2/2
is allowed.
6. 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 concerned Court below in connection with
Brahmapur P.S. Case No. 208 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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