Patna High Court
Devendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and the conditions stipulated in the order.
Summary
Devendra Yadav was arrested in connection with a case involving assault on an informant, alleged under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the B.N.S. The prosecution claimed he injured the informant with a lathi, while the defence argued the injury was simple and the allegation arose from a petty dispute. The petitioner sought bail, contending innocence and highlighting the minor nature of the injury. The State opposed bail, citing a prior criminal antecedent. After considering the facts, the court held that the injury was simple and granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to the lower court for implementation.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the alleged offences and his prior criminal antecedent
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- simple injury
- criminal antecedent
- court conditions
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87902 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- MAHKAR District- Gaya
======================================================
Devendra Yadav S/o Late Nathun Yadav Resident of Village- Bahwalpur, P.S.-
Mahkar, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Vinod Kumar, learned counsel for the
petitioner and Mr. Anant Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
25.10.2025 in connection with Mahkar P.S. Case No. 246 of
2025, F.I.R. dated 15.10.2025 for the offences punishable under
Sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of the B.N.S.
3. According to prosecution case, petitioner is alleged
to have assaulted the informant on his head with lathi due to
which he sustained head injury. Further other accused persons
came at the informant house and also threatened to face dire
consequences.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.87902 of 2025(2) dt.15-01-2026
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present case. Although the specific allegation against the
petitioner in the F.I.R. is to assault the informant and the
informant received head injury but from perusal of injury report
the nature of injury is found to be simple. It appears from the
F.I.R. that due to some petty dispute, the present occurrence
took place. The police after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
25.10.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of paragraph
3 of the bail petition that the petitioner is on bail in the pending
matter.
6. Considering the aforesaid facts and circumstances,
injury inflicted upon the informant is found to be simple in
nature and the police has submitted chargesheet against the
petitioner, let the petitioner, above named, 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
A.C.J.M.-IV, Gaya in connection with Mahkar P.S. Case No.
246 of 2025, with the following conditions:
Patna High Court CR. MISC. No.87902 of 2025(2) dt.15-01-2026
3/3
i. Petitioner 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 her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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