Patna High Court
Kamlesh Kumar Yadav @ Kamlesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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