Patna High Court

Bunty YadavversusThe State of Bihar

Decided: 22 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the petitioner is entitled to regular bail.

Summary

Bunty Yadav was arrested in connection with an assault alleged to have been committed with a khanti on the head of the informant’s son, Gopal, causing unconsciousness. The petitioner contended that he is innocent, that the informant is his father and the dispute stems from a share issue, and that the injury report shows a blunt injury inconsistent with the FIR’s allegation of a sharp weapon. He also highlighted that many cases against him have been filed by the informant and that he has been in judicial custody since 24‑08‑2025. The State opposed regular bail. After considering the discrepancy in the injury evidence, the familial relationship, the nature of the dispute, and the length of custody, the court decided to grant regular bail. The petitioner was ordered to be released on a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious charges under multiple sections of the B.N.S.
Whether the discrepancy between the FIR allegation and the injury report warrants bail
Whether the petitioner’s criminal antecedent and the nature of the dispute affect bail eligibility

Legislation cited

B.N.S. — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 324(2), 351(2), 352

Subjects

regular bail
assault
IPC sections
injury report
familial dispute
criminal antecedent
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89252 of 2025
                    Arising Out of PS. Case No.-211 Year-2025 Thana- ASHTHAWAN District- Nalanda
                 ======================================================
                 Bunty Yadav S/O Gandhari Yadav R/O Village- Asthawan, P.S.- Asthawan,
                 District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, 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 190,

                   191(2), 126(2), 115(2), 109(1), 303(2), 324(2), 352, 351(2) of

                   B.N.S.

                                3. The case of the prosecution is that the petitioner

                   has assaulted with khanti on the head of the informant’s son

                   due to which he became unconscious.

                                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 petitioner and

                   informant are son and father. The informant has solemnized
Patna High Court CR. MISC. No.89252 of 2025(2) dt.22-01-2026
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          second marriage and Gopal is the son of second marriage.

          There is dispute between the petitioner and the informant

          regarding share. The informant is not giving his share to the

          petitioner. Learned counsel for the petitioner has further

          submitted that from perusal of the injury report of Gopal, it

          will transpire that the nature of injury is simple caused by

          hard and blunt substance. He has further submitted that in the

          FIR, it is alleged that the injury was caused by khanti which is

          a sharp cutting weapon whereas the injury report does not

          correlate with the allegation. Petitioner is having criminal

          antecedent and most of the cases are filed by the informant.

          Moreover, the petitioner is languishing in judicial custody

          since 24.08.2025.

                       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

          Asthawan P.S. Case No. 211 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 Judicial Magistrate
             Patna High Court CR. MISC. No.89252 of 2025(2) dt.22-01-2026
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                       1st Class, Nalanda at Biharsharif.



                                             (Ashok Kumar Pandey, J)
lata/-

U        T

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