Patna High Court
Govind Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was allowed as Section 109 does not apply to the facts, and the petitioner was released on bail.
Summary
The petitioner, Govind Kumar Yadav, filed a bail application fearing arrest in a criminal case (Lalmaniya P.S. Case No. 29 of 2025) that alleged offences under several sections of the Bharatiya Nyaya Sanhita, including sections 126(2), 115(2), 118(1), 109, 74, 303(2), 352 and 3(5). He is accused of causing grievous injury to the hand of Yugti Yadav, with other co‑accused also involved. The petitioner’s counsel contended that Section 109 of the BNSS, which deals with a different type of injury, does not apply because the injury was limited to the hand. The court examined the factual matrix and agreed that the elements of Section 109 were not satisfied. Consequently, the bail application was allowed, directing release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether the facts of the case constitute an offence under Section 109 of the Bharatiya Nyaya Sanhita
- Whether the petitioner is entitled to bail pending trial
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 109
- grievous injury
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81031 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- Lalamnia District- Madhubani
======================================================
Govind Kumar Yadav Son of Indal Yadav R/o Village- Lalmaniya, P.S.-
Lalamaniya, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the State : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Lalmaniya P.S. Case No. 29 of 2025 instituted under
Sections 126(2), 115(2), 118(1), 109, 74, 303(2), 352 and 3(5)
of the Bharatiya Nyaya Sanhita.
3. The petitioner is accused of causing grievous
injury on the hand of One Yugti Yadav. He was assaulted by
other co-accused also.
4. It has been submitted by learned counsel for the
petitioner that no offence under Section 109 of the Bharatiya
Nayay Sanhita is made out in the facts of the case as the injury
is on the hand.
5. Considering the above, this application is allowed.
Patna High Court CR. MISC. No.81031 of 2025(4) dt.13-03-2026
2/2
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned S.D.J.M.,
Jhanjharpur/ concerned Court in connection with Lalmaniya P.S.
Case No. 29 of 2025, subject to the conditions laid down in
Section 482 of the BNSS/ 438(2) of the Code of Criminal
Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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