Patna High Court
Awadhesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, subject to a bond of Rs 10,000 and two sureties, under the conditions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
Awadhesh Yadav petitioned the Patna High Court for bail after being named in an FIR alleging that he and nine others assaulted the husband of an informant during a land dispute, resulting in the husband’s death. The petitioner argued that the post‑mortem report showed no external injuries, indicating that the death was due to a pre‑existing ailment and that the prosecution case was therefore falsified. The State and the informant opposed the bail application, maintaining that the accused were involved in a violent assault. The Court examined the factual matrix, the lack of forensic evidence linking the accused to the death, and the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. It ordered that the petitioners be released on bail upon furnishing bonds of Rs 10,000 with two sureties each, subject to the conditions stipulated by the Court of Judicial Magistrate, Bettiah. The bail order effectively disposes of the petition, pending further trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under the Bhartiya Nyaya Sanhita.
- Whether the lack of external injuries in the post‑mortem report negates the prosecution’s case.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the grant of bail in this circumstance.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 103(1), 109(1), 115(2), 126(2), 329(3), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Section 482
- post‑mortem report
- land dispute
- false prosecution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79345 of 2025
Arising Out of PS. Case No.-185 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Awadhesh Yadav son of Deonand Yadav Resident Of Village- Baithania P.s-
Majhauliya Dist-west Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manaur Alam
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 329(3), 126(2),
115(2), 109(1), 103(1), 352, 351(2), 3(5) of the Bhartiya Nyaya
Sanhita.
3. On account of land dispute between the parties, it is
alleged that all the named accused persons including this
petitioner, armed with Lathi & Danda, assaulted husband of the
informant, who died during treatment.
4. Learned counsel for the petitioner submits that as
per F.I.R., ten named accused persons including this petitioner
are alleged to have assaulted husband of informant, but as per
post-mortem report, no external injury has been found on the
Patna High Court CR. MISC. No.79345 of 2025(3) dt.09-02-2026
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person of deceased and thus, entire prosecution case is falsified
by the post-mortem report. As a matter of fact, husband of
informant died due to his ailment, but taking benefit of this
situation, on account of previous land dispute, petitioner and
other persons have been made accused in this case.
5. Learned counsel for the State and informant
opposed the bail petition.
6. In the facts and circumstances of the case, let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned C.J.M., Bettiah, West Champaran in connection with
Majhauliya P.S. Case No. 185 of 2025, subject to condition as
laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay/-
U T
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