Patna High Court
Harihar Yadav @ HariharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court exercised its discretion to grant bail to the petitioners with specified conditions.
Summary
The petitioners, Harihar Yadav and his family members, sought bail fearing arrest in a case (PS Case No.179 of 2025) involving alleged assault under Sections 115(2), 126(2), 109(1), 352 and 3(5) of the Bihar Negotiable Substances Act, 2023. The prosecution alleged that the petitioners entered the informant's house and assaulted her, with one petitioner allegedly stabbing her. The petitioners contended they have a clean antecedent, the FIR is fabricated, and the dispute stems from a land conflict, resulting in a mutual fight with only simple injuries to the informant. The court noted the clean antecedent, the existence of a case‑and‑counter‑case, and the simple nature of the injuries, and therefore granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The bail order required a bond of Rs.10,000 with two sureties, cooperation with the trial, and provisions for cancellation if evidence is tampered or antecedents concealed.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to the petitioners under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023 given the nature of the alleged offences and the facts of the case?
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- Section 438
- Section 482
- Bihar Negotiable Substances Act
- clean antecedent
- case and counter case
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89520 of 2025
Arising Out of PS. Case No.-179 Year-2025 Thana- DAUDPUR District- Saran
======================================================
1. Harihar Yadav @ Harihar Son of Late Raghunath Yadav Resident of Village
- Daudpur, P.S.- Daudpur, District - Saran.
2. Vikash Kumar Yadav Son of Harihar Yadav Resident of Village - Daudpur,
P.S.- Daudpur, District - Saran.
3. Vikek Kumar Yadav Son of Harihar Yadav Resident of Village - Daudpur,
P.S.- Daudpur, District - Saran.
4. Koshali Devi @ Koshila Devi Wife of Harihar Yadav Resident of Village -
Daudpur, P.S.- Daudpur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Dharmendra Kumar Sinha, learned counsel
for the petitioners and Mr. Ashok Kumar Singh, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Daudpur P.S. Case No. 179 of 2025, F.I.R.
dated 13.07.2025 for the offences punishable under Sections
115(2), 126(2), 109(1), 352, 3(5) of the B.N.S., 2023.
3. According to prosecution case, petitioners and other
co-accused persons are alleged to have entered into the house of
the informant and assaulted the informant and her family
Patna High Court CR. MISC. No.89520 of 2025(2) dt.12-01-2026
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members. Petitioner no. 1 assaulted the informant by pushing
her down in the ground whereas petitioner no. 2 assaulted the
informant with knife due to which blood oozed out.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. It appears from the F.I.R. itself that due to some petty
dispute (land dispute), the present occurrence has taken place.
There is case and counter case between the parties and from the
F.I.R. itself it appears that there was free-fight between the
parties due to projection of “Chhaja” in the land of the
petitioners. Learned counsel further submits that both sides
receives injuries and the petitioners side some of the persons
receives grievous injuries and the injuries received by the
informant and her family members are found to be simple in
nature caused by hard and blunt substance.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
petitioners are clean antecedent, there is case and counter case
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and the injuries received by the informant is simple in nature, let
the petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate, 1st Class, Chapra in connection with
Daudpur P.S. Case No. 179 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of BNSS, 2023 and with other
following conditions:
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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