Patna High Court
Hukumdeo Yadav @ Hukumdev YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Hukumdeo Yadav, was charged under multiple sections of the B.N.S. for allegedly ordering assaults with iron rods, a farsa, and lathis, and for pulling the informant's wife's saree and taking her locket. He contended that he was falsely implicated in a family feud and that the injuries were mutual, with no evidence of his direct involvement in the head injuries. The State opposed his bail application, while the petitioner’s counsel highlighted that co‑accused had already been granted anticipatory bail and that the petitioner had been in judicial custody since 24‑10‑2025. After hearing both sides, the Court considered the facts, the nature of the allegations, and the precedent of anticipatory bail to the co‑accused. The Court decided to enlarge bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
- Whether the existence of anticipatory bail for co‑accused influences the grant of bail to the petitioner
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 352, 74
Subjects
- bail
- criminal procedure
- anticipatory bail
- judicial custody
- B.N.S. sections
- assault
- family feud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89316 of 2025
Arising Out of PS. Case No.-307 Year-2025 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Hukumdeo Yadav @ Hukumdev Yadav, S/o- Late Upendra Yadav, Resident of
Village- Bhakharauli, Police Station-Madhubani Nagar, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parijat Saurav, Advocate
For the Opposite Party/s : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Madhubani Nagar P.S. Case No.307 of 2025 registered for
the offence punishable under Sections 115(2), 126(2), 117(2),
303(2), 74, 352, 109(1) and 3(5) of the B.N.S. and later on
Sections 109(1) and 303(2) of B.N.S. were added.
3. The case of the prosecution, in short, is that the
petitioner has ordered and on his order, Sanjay Yadav assaulted
with iron rod and Anil Yadav with farsa on the head. It is further
alleged that as the informant fell down, Mithilesh Yadav and
Hukumdeo Yadav assaulted with lathi. Further allegation is that
Hukumdeo Yadav pulled the saree of the informant’s wife and
Patna High Court CR. MISC. No.89316 of 2025(2) dt.27-01-2026
2/3
also took her golden locket.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that this
is a dispute between the brothers. Two brothers are in one side
and four brothers are in other side. From perusal of the F.I.R., it
is clear that only allegation against the petitioner is that he has
ordered and upon his order, co-accused persons have assaulted
the informant. From perusal of the order of the learned trial
Court, it is clear that the informant has received head injuries.
This petitioner has not caused any head injury neither there is
any allegation thereof. It has further been submitted that there is
also a counter version of this case and in the counter case, one
Sanjay Yadav has also received injuries. It is a free fight
between the brothers in which both sides have received injuries.
It has also been submitted that co-accused persons Sanjay
Yadav, Mithilesh Yadav and Vikash Yadav have been granted
anticipatory bail by learned Co-ordinate Bench vide order dated
15.01.2026 passed in Cr. Misc. No. 90258 of 2025. Petitioner is
languishing in judicial custody since 24.10.2025.
5. Learned APP appearing for the State has
Patna High Court CR. MISC. No.89316 of 2025(2) dt.27-01-2026
3/3
vehemently opposed the application for 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Madhubani in connection with Madhubani
Nagar P.S. Case No. 307 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…