Created by Fuzzy Cloud

Patna High Court

Budhan Yadav @ Banaras YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with conditions.

Summary

Budhan Yadav was arrested in connection with PS case No. 388 of 2024 for alleged assault on an informant's husband using deadly weapons, facing multiple offences under the B.N.S. and the Arms Act. The petitioner claimed he has a clean antecedent and that the FIR is fabricated, asserting no injury was found on the alleged victim. The prosecution and the informant opposed bail, emphasizing the seriousness of the charges. The court considered the petitioner’s clean record and the lack of medical evidence supporting the alleged injury. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence, and ordered verification of any concealed criminal antecedent.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S. and the Arms Act
  • Whether the lack of medical evidence of injury and the petitioner's clean antecedent justify bail

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115, 117(2), 118(1), 126(2), 329(3), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • assault
  • arms act
  • clean antecedent
  • false allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88344 of 2025
                   Arising Out of PS. Case No.-388 Year-2024 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Budhan Yadav @ Banaras Yadav S/O Bhuwneshwar Yadav @ Bhuneshwar
                 Yadav @ Bhunesar Yadav Resident of Vill.- Kare, P.S.- Sheikhpura, Dist.-
                 Sheikhpura
                                                                          ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pratik Mishra, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 For the Informant        :       Mr. S. Rizwarul Haque, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-01-2026                  Heard Mr. Pratik Mishra, learned counsel for the

                   petitioner, Mr. S. Rizwarul Haque, learned counsel for the

                   informant and Mr. Ram Priya Sharan Singh, learned Additional

                   Public Prosecutor for the State.

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

                   08.10.2025 in connection with Sheikhpura P.S. Case No. 388 of

                   2024, F.I.R. dated 17.10.2024 for the offences punishable under

                   Sections 329(3), 126(2), 115, 118(1), 117(2), 109, 352, 351(2),

                   3(5) of the B.N.S. and section 27 of Arms Act.

                                3. According to prosecution case, petitioner and other

                   co-accused persons armed with deadly weapons alleged to have

                   assaulted the informant’s husband brutally. Petitioner is alleged

                   to have assaulted the informant on the lower back of her

                   husband causing fracture to the bone of lower back.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.88344 of 2025(2) dt.15-01-2026
                                            2/3




          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R. is false and fabricated and the petitioner has not

          committed any offence as in the F.I.R. Although the specific

          allegation is against one of the accused person that he has fired

          upon the informant’s husband and he received the gun shot

          injury but the injury report of the injured person (informant’s

          husband) does not support the allegation as in the F.I.R. and

          apart from the aforesaid, the specific allegation against the

          petitioner in the F.I.R. is that he has hit the lower back of the

          husband of the informant but no injury was found by the doctor

          on the back side of the husband of the informant. The police

          after investigation, submitted chargesheet against the petitioner

          and the petitioner is in custody since 08.10.2025.

                       5. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for bail of

          the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that the petitioner has clean antecedent, 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
            Patna High Court CR. MISC. No.88344 of 2025(2) dt.15-01-2026
                                                        3/3




                      Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case

                      No. 388 of 2024, with the following conditions:

                                   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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.