Patna High Court
Jattu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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