Patna High Court
Budhan Yadav @ Banaras YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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
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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
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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
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