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Patna High Court

Om Prakash Yadav @ Om prakashversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied regular bail to the petitioner.

Summary

The petitioner, Om Prakash Yadav, applied for regular bail in a case registered under Sections 191(2), 191(3), 190, 109(1), 103(1) and 352 of the Bharatiya Nyaya Sanhita, alleging that he was involved in a land‑dispute‑related scuffle during which he allegedly assaulted the informant’s family and, according to the prosecution, ran over the informant’s daughter with a tractor causing her death. The petitioner claimed innocence, clean antecedents and that the incident was a mutual fight. The State and the informant opposed bail, emphasizing the specific accusation of causing death and the gravity of the offences. The Court, after hearing counsel, found the nature and seriousness of the accusations warranted denial of bail. Consequently, the bail application was rejected and the trial court was directed to expedite the trial within one year.

Issues considered

  • Whether regular bail should be granted to the petitioner accused of offences under Sections 191(2), 191(3), 190, 109(1), 103(1) and 352 of the Bharatiya Nyaya Sanhita given the alleged killing of the informant’s daughter.
  • Whether the seriousness of the alleged offences justifies denial of bail despite the petitioner’s claim of clean antecedents.

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • Sections 191 190 109 103 352
  • assault
  • culpable homicide
  • land dispute
  • trial expeditement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91015 of 2025
                     Arising Out of PS. Case No.-41 Year-2025 Thana- Badem P.S. District- Aurangabad
                 ======================================================
                 Om Prakash Yadav @ Om prakash son of Nayayan Yadav Resident of village-
                 Rahra Police Station- Badem District-Aurangabad

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :        Mr. Mukesh Kumar Singh, A.P.P.
                 For the Informant        :        Mr. Rabindra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   11-03-2026                  Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Badem P. S. Case No. 41 of 2025 registered for the offences

                   punishable under Sections 191(2), 191(3), 190, 109(1), 103(1),

                   352 of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., all the named accused persons,

                   including this petitioner, came with khanti and rod and assaulted

                   informant and her family members. It is further alleged that this

                   petitioner dashed the daughter of informant with his tractor

                   during course of scuffle, as a result of which she died during

                   treatment.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.91015 of 2025(3) dt.11-03-2026
                                                          2/2




                        petitioner is innocent and has committed no offence. On account

                        of land dispute, free fight took place between the parties in

                        which both sides sustained injuries. Case and counter case.

                        Petitioner claims clean antecedent and is in custody since

                        16.07.2025.

                                     5. Learned A.P.P. for the State vehemently as well as

                        learned counsel for the informant opposed the bail application

                        and submitted that there is specific accusation against this

                        petitioner that he dashed the daughter of informant with his

                        tractor as a result of which she died.

                                     6. Considering the nature of accusation and gravity of

                        the offence, prayer for bail of the petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        16.07.2025, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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