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Patna High Court

Aminath YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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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