Patna High Court
Polo Yadav @ Pravesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, absent prima facie evidence of grievous injury and considering the alleged business rivalry motive, bail should be granted subject to statutory conditions.
Summary
Petitioner Polo Yadav was named in an FIR for offences under several IPC sections and the Arms Act, alleged to have assaulted an informant with a khanti and been involved in a firing incident. The petitioner contended that the informant had previously lodged a similar case stemming from a business dispute, suggesting the current charges were false. Evidence showed no visible injury and a CT scan revealed no fracture, undermining the claim of grievous harm. The prosecution acknowledged the lack of injury but emphasized the seriousness of the charges. Considering the prima facie absence of injury, the business rivalry motive, and the petitioner’s existing bail status in other cases, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order also imposed obligations to cooperate with the trial and warned against deliberate delay tactics.
Issues considered
- Whether bail should be granted in view of the alleged offences and the lack of prima facie evidence of injury.
- Whether the allegations constitute a false case motivated by business rivalry.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- Arms Act — s. 27
- BNSS — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 385, 504, 506
Subjects
- bail
- IPC
- assault
- business rivalry
- false case
- injury
- CT scan
- Arms Act
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79410 of 2025
Arising Out of PS. Case No.-80 Year-2024 Thana- SURYAGARHA District- Lakhisarai
======================================================
Polo Yadav @ Pravesh Yadav S/o Late Dashrath Yadav R/o - Nawabganj, P.S
- Surajgarha, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akhauri Kamal Kishore Sahay
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 24-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Surajgarha P.S.
Case No. 80 of 2024 registered for the offences punishable
under Sections 341, 323, 504, 506, 307, 379 385, 34 of IPC
and Section 27 of Arms Act.
3. As per FIR, petitioner alleged to assault
informant on his head during the occurrence by using khanti,
whereas other co-accused persons opened firing which could
not hit informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that prior to this FIR, the informant
lodged another criminal case which has been registered as
Patna High Court CR. MISC. No.79410 of 2025(3) dt.24-02-2026
2/3
Surajgarha P.S. Case No. 322 of 2023 almost with same
allegation for the reason that brother of petitioner was
business partner of the informant and when certain business
related dispute surfaced, repeated false case was lodged. In
support of same learned counsel reffered Annexure-P/2 of the
present bail petition. It is submitted that no visible injury out
of alleged assault made by Khanti, was noticed and even the
CT Scan report of the injured / informant, nowhere suggest
that any grievous injury was found upon. In this connection
learned counsel drawn attention of this Court towards para 38
of the case diary. Explaining criminal antecedents, it is
submitted that petitioner found involved in six more criminal
cases where he is on bail in five case.
5. Learned APP duly assisted by learned counsel for
the informant while opposing the prayer of bail submitted that
the informant specifically alleged this petitioner to assault
upon his head by using khanti but fairly conceded that there
was no visible injury and upon CT Scan no fracture was found.
6. In view of aforesaid factual submission and by
taking note of fact as prima-facie there is no visible injury as
Patna High Court CR. MISC. No.79410 of 2025(3) dt.24-02-2026
3/3
alleged to be caused by this petitioner, where the CT Scan
report also not suggesting prima-facie that there was any
grievous injuries, coupled with the fact that Annexure-P/2
suggest a business rivalry, accordingly petitioner above-
named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released
on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM, Lakhisarai /concerned Court,
where the case is pending in connection with Surajgarha P.S.
Case No. 80 of 2024, subject to the conditions as laid down
under Section 482(2) of BNSS, subject to condition that:-
(i) That petitioner shall cooperate in the trial and shall be
physically present on each and every date before the Trial
Court till conclusion of the trial and exemption from
physical appearance be allowed by the Trial Court, only
on medical ground of the petitioner, duly supported by
the documents.
(ii) Any deliberate attempt on the part of petitioner as to
delay the trial may lead to his cancellation of bail bond, if
pressed by the prosecution/State, after giving an
opportunity of hearing to the petitioner.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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