Patna High Court
Baleshwar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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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