Created by Fuzzy Cloud

Patna High Court

Rajesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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


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.