Patna High Court
Bhairo Yadav @ Bhero YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000 and two sureties, under the conditions of Section 438(2) of the CrPC.
Summary
Bhairo Yadav petitioned for bail after being implicated in a case (PS Belhar Case No. 194 of 2024) alleging assault under sections 341, 323, 504, 506, 307, 379 and 34 of the IPC. The prosecution alleged that Yadav, along with co‑accused, assaulted an informant and his sister‑in‑law, causing injuries and allegedly attempting to outrage modesty. The petitioner’s counsel argued that the allegations were general and omnibus, the injuries were simple, and the petitioner has a clean antecedent. The State opposed bail. The court, noting the general nature of the allegations, the petitioner’s clean record and the circumstances, ordered bail on a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC. The bail order was conditioned on surrender within eight weeks.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged under the IPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
Subjects
- bail
- assault
- IPC
- CrPC
- Section 438
- general and omnibus allegation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89132 of 2025
Arising Out of PS. Case No.-194 Year-2024 Thana- BELHAR District- Banka
======================================================
Bhairo Yadav @ Bhero Yadav Son of Late Fuleshwar Yadav Resident of
Village- Giddha, P.S.- Belhar, Distt.- Banka
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi , Advocate
Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 341 , 323 , 504, 506, 307,
379 and 34 of the Indian Penal Code .
3 . As per the prosecution case , on 12.06.2024 , informant
Shambhu Yadav told co-accused Santal Yadav to remove cow
dung from his land, thereupon, all the accused persons including
this petitioner assaulted informant with lathi, khanti, tengari and
iron rod due to which informant sustained injuries on head and
eye . It is further alleged that this petitioner assaulted on the
head of informant by means of khanti. When sister-in -law of
informant Seema Devi intervened to rescue , then accused
Patna High Court CR. MISC. No.89132 of 2025(2) dt.10-02-2026
2/2
persons caused hurt her with intent to outrage her modesty . It
is further alleged that accused persons also snatched silver
chain of sister-in -law of informant.
4. Learned counsel for the petitioner submits that
allegation of assault is general and omnibus against this
petitioner. Doctor has found the injury simple in nature . Case
and counter case . Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition of the petitioner.
6. Considering the fact that allegation of assault is
general and omnibus, clean antecedent and circumstances of the
case , in the event of arrest or surrender within eight weeks from
today, let the petitioner, as named above, be enlarged 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
Chief Judicial Magistrate Banka in connection with Belhar P.S.
case No. 194 of 2024 , subject to the conditions laid down
under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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