Patna High Court
Chandar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner under Section 438(2) of the CrPC, subject to specified conditions.
Summary
Chandar Yadav was implicated in FIR No. 178 of 2025 for offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 74, 324(4) and 303(2) of the BNS, 2023, alleged to have assaulted an informant, his wife and brother. The petitioner claimed innocence and argued that the injury to the informant was simple, as per the medical opinion. The prosecution opposed bail, citing a specific allegation against the petitioner and a prior criminal antecedent, though the petitioner was already on bail in another matter. The court, noting the simple nature of the injury and applying Section 438(2) of the CrPC, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioner on bail within thirty days of receipt of the order.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the alleged offences.
- Whether the simple nature of the injury and the petitioner’s prior bail status justify bail under Section 438(2) CrPC.
- Whether the court may impose conditions relating to cooperation, presence, and verification of criminal antecedents.
Legislation cited
- Bihar Penal Code (BNS), 2023 — s. 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 324(4), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- Criminal Procedure
- Section 438
- simple injury
- criminal antecedent
- assault
- BNS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88351 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- RAGHOPUR District- Supaul
======================================================
Chandar Yadav S/O Late Jaleshwar Yadav Panchayat Dumri Jagir, Ward No.
01, Raghopur, P.S.- Supaul, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Uday Pratap Singh, learned counsel for
the petitioner and Mr. Pramod Kumar Pandey, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Raghopur P.S. Case No. 178 of 2025, F.I.R.
dated 13.05.2025 for the offences punishable under Sections
191(2), 191(3), 190, 126(2), 115(2), 118(1), 74, 324(4) and
303(2) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner armed with deadly weapon
brutally assaulted the informant and his wife and brother due to
which they received injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.88351 of 2025(2) dt.09-01-2026
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present case. There is case and counter case between the parties.
Although there is specific allegation against the petitioner that
he has assaulted to the informant by means of farsa due to
which he received injury but the doctor has opined that the said
injury is simple in nature.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation against the
petitioner that he has assaulted to the informant and apart from
that the petitioner carries one criminal antecedent other than the
present one but fairly submits that he is on bail in the pending
matter.
6. Considering the aforesaid facts and circumstances
that the injury received by the informant is simple in nature, let
the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, 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
A.C.J.M. Birpur in connection with Raghopur P.S. Case No. 178
of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure and with other
Patna High Court CR. MISC. No.88351 of 2025(2) dt.09-01-2026
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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 his absence on two consecutive dates without sufficient
reason, his 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)
Vanisha/-
U T
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