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Patna High Court

Jattu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

Jattu Yadav was arrested in connection with a case registered under Sections 126(2), 115(2), 109, 352 and 3(5) of the B.N.S., alleged to have assaulted an informant with a cudgel intending to kill, causing a grievous head injury. The petitioner, who had been in judicial custody since 28‑04‑2025 and claimed no prior criminal record, applied for bail, asserting his innocence and that the assault was a single, spur‑of‑the‑moment act. The State opposed bail, relying on the injury report that described the wound as grievous. After hearing both sides, the Court considered the seriousness of the offence, the nature of the injury, the petitioner’s lack of antecedents, and the principle of bail as a right. The Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Sessions Judge‑III, Banka. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to the accused despite the alleged grievous injury and serious charges under the B.N.S.
  • Whether the petitioner’s lack of prior criminal record and claim of a single, spontaneous act justify bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 352

Subjects

  • bail
  • assault
  • grievous injury
  • criminal procedure
  • pre‑trial detention
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86582 of 2025
                        Arising Out of PS. Case No.-321 Year-2024 Thana- BANKA District- Banka
                 ======================================================
                 Jattu Yadav, Son of Banarsi Yadav, R/o Village - Chakkadih, P.S.- Banka,
                 District - Banka.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Banka P.S. Case No. 321 of 2024 registered for the offence

                   punishable under Sections 126(2), 115(2), 109, 352 and 3(5) of

                   B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner has assaulted with kudal on the head of the informant

                   with an intention to kill due to which he received head injury.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner has submitted that there

                   is no repetition of blow. The occurrence took place on a spur
             Patna High Court CR. MISC. No.86582 of 2025(3) dt.03-02-2026
                                                         2/2




                       moment of time. Petitioner is having no criminal antecedent and

                       he is languishing in judicial custody since 28.04.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that from perusal of the injury report, it is clear that the nature of

                       injury is grievous.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Additional Sessions Judge-III, Banka in connection with Banka

                       P.S. Case No. 321 of 2024.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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