Patna High Court
Aminath YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a Rs.10,000 bond and two sureties.
Summary
Aminath Yadav was arrested in connection with a case where he was alleged to have struck the husband of an informant, causing unconsciousness. The prosecution charged him under multiple sections of the B.N.S., while the petitioner claimed innocence, citing a minor swelling on the victim’s head and lack of criminal antecedents. The petitioner had been in judicial custody since 12 October 2025 and sought bail. The State and the informant opposed the bail application. After hearing both sides, the Court found the injury minimal and the petitioner’s lack of prior record sufficient to grant bail, ordering a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 74, 109, 303(2), 352 and 351(2) of the B.N.S.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 74
Subjects
- bail
- assault
- criminal procedure
- injury report
- judicial custody
- sections 191
- sections 190
- sections 126
- sections 115
- sections 118
- sections 74
- sections 109
- sections 303
- sections 352
- sections 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89661 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Aminath Yadav, S/O Harihar Yadav, Resident of Village- Bhataha Laxmipur,
P.S- Sugauli, Distt.- East Champran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the State : Ms. Suman Kumari Singh, APP
For the Informant : Mr. Pravin Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Sugauli P.S. Case No. 07 of 2025 registered for the offence
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 74, 109, 303(2), 352 and 351(2) of B.N.S.
3. The case of the prosecution, in short, is that while
the informant was sitting on her door with her husband
meanwhile the petitioner along with 17 others arrived and it is
alleged that this petitioner has given a farsa blow on the head of
the informant’s husband due to which he got unconscious.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.89661 of 2025(2) dt.27-01-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R., it is clear that there is allegation
against the petitioner that he has assaulted with farsa on the
head of the informant’s husband but from perusal of the injury
report it will transpire that the injury on head is swelling of head
2”x2”. It has further been submitted that the injury and the
allegation does not correlate. It has also been submitted that
from perusal of the injury report of Vinod Yadav, the husband of
the informant, it is clear that the doctor examining him and
opined that the injuries are simple as per report of Sadar
Hospital, Motihari caused by hard and blunt object. Petitioner is
having no criminal antecedent and he is languishing in judicial
custody since 12.10.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have 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
Patna High Court CR. MISC. No.89661 of 2025(2) dt.27-01-2026
3/3
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Motihari, East Champaran in connection
with Sugauli P.S. Case No. 07 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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