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Patna High Court

Prakash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, with the condition that the trial court may cancel the bail if the petitioner attempts to delay the proceedings.

Summary

The petitioner, Prakash Yadav, applied for bail in a criminal case registered under Sections 127(1), 115(2), 109, 76, 352, 351 and 3(5) of the BNS, 2023, alleging assault on Pappi Devi with a blunt object causing a simple head injury. The petitioner had one prior case but the police had already submitted the final report, and he had been in custody since 09-10-2025. Counsel argued that the injury was simple, the blow was not repeated, and the petitioner would not abscond and would cooperate with the trial. The State opposed bail. The Court, considering the nature of the injury and the petitioner's submissions, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the condition that the trial court may cancel bail if the petitioner attempts to delay framing of charge or trial.

Issues considered

  • Whether bail should be granted in a case involving assault under the listed sections of the BNS, 2023, given the nature of injury and the petitioner's antecedent.

Legislation cited

  • BNS, 2023 — s. 109, 115(2), 127(1), 3(5), 351, 352, 76

Subjects

  • bail
  • criminal procedure
  • assault
  • simple injury
  • bond
  • surety
  • trial court
  • BNS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89093 of 2025
                          Arising Out of PS. Case No.-216 Year-2025 Thana- BAISI District- Purnia
                 ======================================================
                 Prakash Yadav Son of Bhadai Yadav Resident of Village - Gwalgoanw, P.S.-
                 Baisi, District - Purnea.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Praveen Kumar Agrawal, Adv.
                                                    Mr. Subhash Kumar Singh, Adv.
                 For the Opposite Party/s :         Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-02-2026                   1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 127(1), 115(2), 109, 76,

                   352, 351 and 3(5) of the BNS, 2023.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case but then the police after

                   investigation has submitted final form. It is next submitted that

                   petitioner is in custody since 09.10.2025 in the instant case and

                   allegation is of assaulting Pappi Devi by means of Dabiya

                   causing injury on head. It is further submitted that the nature of

                   injury suffered by the injured has been opined to be simple

                   caused by hard and blunt substance and the blow is not alleged

                   to be repeated and charge sheet has been submitted. It is also
             Patna High Court CR. MISC. No.89093 of 2025(2) dt.25-02-2026
                                                         2/2




                       submitted that petitioner will not abscond rather will cooperate

                       in the trial to prove his innocence.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner and also taking into consideration the

                       fact that the injury suffered by the injured has been opined to be

                       simple in nature, the petitioner above-named, is directed to be

                       released on bail on furnishing bail bonds of Rs.10,000/- (Rupees

                       ten thousand) with two sureties of the like amount each to the

                       satisfaction of the learned trial court where the case is

                       pending/successor court in connection with Baisi P.S. Case

                       No.216 of 2025.

                                     6. However, it is made clear that if the learned trial

                       court comes to a conclusion that petitioner after his release is

                       trying to delay the framing of charge or after framing of charge

                       is trying to delay the trial, in both the conditions, the learned

                       trial court shall be at liberty to cancel the bail bonds of the

                       petitioner.


                                                 (Satyavrat Verma, J)
amit/-

U        T


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