Patna High Court

Bhanu Yadav @ Bhanu Pratap YadavversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Bhanu Yadav, applied for regular bail in a case registered under multiple sections of the Indian Penal Code and the Bihar Narcotic Substances Act, alleging assault on an informant with a weapon. The prosecution alleged that the petitioner inflicted a head injury using a 'Khanti'. The petitioner claimed innocence, asserting that the injury report showed only minor wounds and that there was a case‑and‑counter‑case between the parties, and highlighted his continued detention since 16‑10‑2025. The State opposed the bail application. After considering the nature of the injuries, the circumstances of the case, and the petitioner's custody status, 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.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under sections 126(2), 115(2), 117(2), 118(1), 109, 74, 352, 351(2) of the IPC and section 3/5 of the Bihar Narcotic Substances Act, 2023.
Whether the nature and severity of the alleged injuries justify denial of bail.
Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences if released on bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 3/5
Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 126(2), 351(2), 352, 74

Subjects

regular bail
bail petition
IPC sections
assault
injury report
judicial custody
Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87182 of 2025
                 Arising Out of PS. Case No.-62 Year-2025 Thana- BANDHUWA KURAWA District- Banka
                 ======================================================
                 Bhanu Yadav @ Bhanu Pratap Yadav S/O Late Banarasi Yadav @ Banarsi
                 Yadav R/O Village- Kharauni, P.S- Bandhuwa Kurawa, District- Banka
                 (Bihar).
                                                                      ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Pratyush Pratap Singh, Advocate
                 For the Opposite Party/s :     Mr. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 117 (2), 118(1), 109, 74, 352, 351(2) and 3/5 of the

                   BNS, 2023.

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

                   petitioner assaulted the informant on the head by means of a

                   ‘Khanti’.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that a

                   perusal of the injury report annexed as Annexure P/2 series,

                   would reveal that the informant sustained the following injuries,
            Patna High Court CR. MISC. No.87182 of 2025(2) dt.05-01-2026
                                                        2/2




                      (i) a sharp edge wound present over mid parietal region

                      measuring 3”x1/2” and (ii) pain present over left shoulder joint.

                      The doctor has opined that the injuries are simple in nature. It is

                      further submitted that there is case and counter case between the

                      parties. Moreover, the petitioner is languishing in judicial

                      custody since 16.10.2025.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Bandhuwa Kurawa P.S. Case No. 62 of

                      2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Chief Judicial Magistrate, Banka.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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