Patna High Court
Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to bail subject to a bond, sureties and the condition that one bailor be a close relative.
Summary
Rajesh Yadav applied for bail after being implicated in a case where an informant constructing a boundary wall was allegedly assaulted by the petitioner, co‑accused and several unknown persons. The charges include offences under Sections 341, 323, 324, 307, 435/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner contended that he is innocent, has a clean antecedent and that the main accused who delivered the spade blow had already been granted anticipatory bail. The State opposed bail, arguing that the assault was brutal and the injury report was still pending. After considering the submissions, the injury report, the petitioner’s clean antecedent and the circumstances of the incident, the Court ordered bail on the condition of a Rs.10,000 bond, two sureties and that one bailor be a close relative, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail pending trial for the offences alleged under the IPC and Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 341, 435/34
Subjects
- bail
- anticipatory bail
- IPC offences
- assault
- arms act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88345 of 2025
Arising Out of PS. Case No.-139 Year-2023 Thana- SUGAULI District- East Champaran
======================================================
Rajesh Yadav Son of Asarphi Yadav Resident of village - Gudra, P.S.-
Majhawaliya, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
Mr.Dhandev Kumar, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Sugauli P.S. Case No. 139 of 2023 registered
for the offences punishable under Sections 341, 323, 324, 307,
435/34 of the Indian Penal Code and Section 27 of the Arms
Act.
3. While the informant was engaged in constructing
the boundary wall on his land, in the meanwhile, the petitioner
along with other co-accused and 10 unknown persons came
there and brutally assaulted him. It is specifically alleged that
one Virendra Yadav assaulted the informant by means of spade,
due to which he sustained injury over his shoulder. There is
further allegation against the other accused persons of making
Patna High Court CR. MISC. No.88345 of 2025(3) dt.27-02-2026
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indiscriminate firing.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. Learned counsel further submits that the
main accused person who gave a spade blow to the informant
has been granted anticipatory bail by a Co-ordinate Bench of
this Court vide order dated 19.11.2025 passed in Cr. Misc. No.
66564/2025. It is next submitted that the injury sustained by the
victim is simple in nature. Petitioner has clean antecedent.
5. On the other hand, learned APP for the State
vehemently opposes the bail application and submits that the
petitioner brutally assaulted the victim and moreover the final
report of one of the injury has yet to come.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the factum of case and counter case, coupled with the injury
report as well as fair antecedent of the petitioner and the genesis
of the occurrence, let the petitioner, named above, in the event
of his arrest or surrender before the court below within four
weeks from the date of receipt/production of a copy of this
order, be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.88345 of 2025(3) dt.27-02-2026
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amount each to the satisfaction of learned Sessions Judge, East
Champaran, Motihari in connection with Sugauli P.S. Case No.
139 of 2023, subject to the condition as laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with
the further condition that one of the bailors shall be the
own/close relative of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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