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Patna High Court

Bhairo Yadav @ Bhero YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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