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Patna High Court

Umesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to prescribed conditions.

Summary

The petitioners, members of the Yadav family, sought bail fearing arrest in connection with PS Mirganj Case No. 83 of 2025, arising from an FIR alleging assault with an iron rod and theft of a gold locket during a land dispute. They claimed a clean antecedent and asserted that the allegations were fabricated and that no specific assault was proved against them. The Additional Public Prosecutor opposed the bail. The court noted the lack of specific evidence of assault, the simple nature of the injury, and the petitioners' clean record, and therefore ordered bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order also imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents. The petition was thus disposed with bail granted.

Issues considered

  • Whether the petitioners are entitled to bail pending trial for offences under Sections 191(2), 191(3), 126(2), 115(2), 109, 303(2) and 352 of the Bhartiya Nagarik Suraksha Sanhita.
  • Whether the allegations in the FIR constitute a specific charge of assault sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Bhartiya Nagarik Suraksha Sanhita
  • assault
  • theft
  • land dispute
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86706 of 2025
                        Arising Out of PS. Case No.-83 Year-2025 Thana- MIRGANJ District- Purnia
                 ======================================================
           1.     Umesh Yadav S/o- Late Sadhu Yadav Resident of Village- Dumariya, W.No-
                  11, PS- Mirganj District- Purnea
           2.    Bambam Kumar @ Diwakar @ Diwakar Kumar S/o- Umesh Yadav
                 Resident of Village- Dumariya, W.No-11, PS- Mirganj District- Purnea
           3.    Bhola Yadav S/o- Late Sadhu Yadav @ Sadadhu Yadav Resident of Village-
                 Dumariya, W.No-11, PS- Mirganj District- Purnea
           4.    Shanti Devi W/o- Umesh Yadav Resident of Village- Dumariya, W.No-11,
                 PS- Mirganj District- Purnea
           5.    Arti Kumari D/o- Umesh Yadav Resident of Village- Dumariya, W.No-11,
                 PS- Mirganj District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :        Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                  Heard Mr. Bipin Kumar, learned counsel for the

                   petitioners and Mr. Pranav Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Mirganj P.S. Case No. 83 of 2025, F.I.R. dated

                   16.05.2025 for the offences punishable under Sections 191(2),

                   191(3), 126(2), 115(2), 109, 303(2), and 352 of the BNS.

                                3. As per the First Information Report, due to keeping

                   straw of wheat in a tina house situated at the door of the
Patna High Court CR. MISC. No.86706 of 2025(2) dt.08-01-2026
                                            2/4




          informant, the petitioners along with other co-accused persons

          assaulted to the informant with iron rod on his head causing

          head injury. It is further alleged that the co-accused Ajit Kumar

          snatched 10 gram of gold locket from the informant.

                       4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioners have not committed any offences as alleged in the

          F.I.R., rather due to some land dispute the present occurrence

          has taken place. There is case and counter case between the

          parties and apart from the aforesaid there is no specific

          allegation of assault or overt act rather there is general and

          omnibus allegation against these petitioners. The injury report of

          the informant suggests that injury is simple in nature caused by

          hard and blunt substance.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          the petitioners have clean antecedent and no specific allegation

          of assault is against these petitioners and the injury report of the

          person injured is simple in nature and due to land dispute
Patna High Court CR. MISC. No.86706 of 2025(2) dt.08-01-2026
                                            3/4




          between the parties, let the petitioners, above named, in the

          event of arrest or surrender before the court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Chief Judicial Magistrate, Purnea, in

          connection with Mirganj P.S. Case No. 83 of 2025, subject to

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for
            Patna High Court CR. MISC. No.86706 of 2025(2) dt.08-01-2026
                                                        4/4




                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
khushbu/-

U      T


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