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Patna High Court

Baleshwar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed bail to the petitioner subject to specified conditions.

Summary

Baleshwar Yadav was arrested in connection with a case of assault involving an iron rod, alleged to have caused a head injury to an informant. He sought bail, claiming a clean criminal record and that the injury was simple, arising from a land dispute and a case‑counter‑case scenario. The prosecution opposed bail. The court noted the petitioner’s clean antecedent, the simple nature of the injury, and the existence of a case‑counter‑case, and consequently granted bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedent without delaying the release.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged under multiple sections of the B.N.S., 2023.
  • Whether the nature of the injury and the petitioner’s clean antecedent justify the grant of bail.

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 76

Subjects

  • bail
  • assault
  • criminal procedure
  • simple injury
  • clean antecedent
  • case and counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88335 of 2025
                       Arising Out of PS. Case No.-520 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Baleshwar Yadav S/O Late Wigan Yadav @ Bigan Yadav R/O Village -
                 Naudiha, P.S.- Fatehpur, District -Gaya

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

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

2   15-01-2026                  Heard Mr. Ranjan Kumar, learned counsel for the

                   petitioner and Mr. Uday Pratap Singh, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   19.08.2025 in connection with Fatehpur P.S. Case No. 520 of

                   2025, F.I.R. dated 16.07.2025 for the offences punishable under

                   Sections 126(2), 115(2), 117(2), 109, 76, 303(2), 351(2), 3(5) of

                   the B.N.S., 2023.

                                3. According to prosecution case, petitioner and other

                   accused persons assaulted the informant with iron rod on his

                   head resulting his head injury and he fell down. Further other

                   accused persons also assaulted the informant. When the family

                   members came to save him, they were too assaulted by the

                   accused persons.
Patna High Court CR. MISC. No.88335 of 2025(2) dt.15-01-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. It appears from the F.I.R. that due

          to some land dispute, the present occurrence had taken place.

          There is case and counter case between the parties. Although,

          the specific allegation against the petitioner is that he assaulted

          the informant by means of iron rod and he receives the injury

          but the injury report of the injured person suggest that the injury

          is simple in nature caused by hard and blunt substance. The

          police after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 19.08.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent, there is case and counter case,

          injury inflicted upon the informant is found to be simple in

          nature, 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

          Chief Judicial Magistrate, Gaya Ji in connection with Fatehpur

          P.S. Case No. 520 of 2025, with the following conditions:

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.88335 of 2025(2) dt.15-01-2026
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                      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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