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Patna High Court

Hukumdeo Yadav @ Hukumdev YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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
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          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
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                       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


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