Created by Fuzzy Cloud

Patna High Court

Kamlesh Kumar Yadav @ Kamlesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Kamlesh Kumar Yadav was arrested in connection with an assault on an informant, alleged to have involved bricks and resulting in multiple injuries. He was charged under sections 126(2), 127(2), 115(2), 109(1), 352 and 3(5) of the B.N.S. and denied bail by the trial court on the ground that the injuries were to vital parts of the body. The petitioner contended that he was innocent, had no prior criminal record, and that the case was a retaliatory "counter‑blast". He had been in judicial custody since 12 October 2025 and sought regular bail. After hearing both sides, the Patna High Court found no compelling reason to keep him detained and ordered his release on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the alleged assault and the trial court's finding of injuries to vital parts.

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 126(2), 127(2), 3(5), 352

Subjects

  • bail
  • regular bail
  • assault
  • criminal procedure
  • counterblast
  • injury report
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88820 of 2025
                    Arising Out of PS. Case No.-66 Year-2025 Thana- MANIGACHI District- Darbhanga
                 ======================================================
                 Kamlesh Kumar Yadav @ Kamlesh Yadav Son of Musafir Yadav Resident of
                 Village- Indrathar, P.S.- Manigachhi, District- Darbhanga

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manish Kumar No 13, Advocate
                 For the Opposite Party/s :      Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   127(2), 115(2), 109(1), 352 and 3(5) of B.N.S.

                                3. The case of the prosecution is that the petitioner has

                   assaulted with bricks on the head of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that this case is counter

                   blast of Manigachi P.S. Case No. 62 of 2025. It has also been

                   submitted that from perusal of the injury report, it is clear that

                   informant has received one lacerated wound of the size 2cm x

                   0.5cm x 0.5 cm over parietal region, 1cm x 0.5cm x 0.5 cm over
            Patna High Court CR. MISC. No.88820 of 2025(2) dt.22-01-2026
                                                        2/2




                      left occipital region. Abrasion of size 1cm x 0.5cm over right

                      elbow, abrasion of size 2 cm x 0.5 cm over left lower back. In the

                      NCCT, no obvious intracranial contusion was found. Learned

                      counsel for the petitioner has furhter submitted that from perusal

                      of the order of the learned trial court, it is clear that the learned

                      trial court has refused the bail only as the injuries are on vital part.

                      Learned counsel has further submitted that this case is just a

                      counterblast. A statement has been made in para-3 of this petition

                      that the petitioner has got no criminal antecedent. Moreover, he is

                      languishing in judicial custody since 12.10.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Manigachhi P.S. Case No. 66 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M. VI, Darbhanga.



                                            (Ashok Kumar Pandey, J)
Shubham/-
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.