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Patna High Court

Naresh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted bail to the petitioners, holding that the nature of the injuries and the discretion under the B.N.S., 2023 do not preclude bail.

Summary

The petitioners, four members of the Yadav family, were charged under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 352, 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 for allegedly arriving armed and assaulting an informant. The prosecution alleged that Naresh Yadav ordered the killing and that Amlesh Yadav and Kamlesh Yadav inflicted injuries, while Pairu Kumar was merely armed. The petitioners contended that they were falsely implicated, that most injuries were simple in nature and only one grievous wound (to the wrist) existed, which is bailable. The trial court had rejected their bail application, but the High Court, after hearing counsel, noted that the nature of the injuries did not justify denial of bail and that the trial court must exercise its discretion judiciously. Consequently, the High Court ordered that all petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each. The order underscores the principle that the seriousness of the injury, not merely the sections alleged, determines bail eligibility.

Issues considered

  • Whether the petitioners are entitled to bail despite being charged with offences under the B.N.S., 2023 involving alleged armed assault and grievous injury
  • Whether the presence of a single grievous injury makes the offence non‑bailable
  • Whether the trial court exercised its jurisdiction correctly in denying bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • grievous injury
  • non‑bailable offence
  • jurisdiction
  • Bihar Narcotic Substances Act
  • armed assault
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91375 of 2025
                      Arising Out of PS. Case No.-134 Year-2025 Thana- LACHHUAR District- Jamui
                 ======================================================
           1.     Naresh Yadav S/O Late Garib Yadav Resident of village- Khutkat, P.S.-
                  Lachhuar, District- Jamui.
           2.    Kamlesh Yadav @ Kamlesh Kumar S/O Naresh Yadav Resident of village-
                 Khutkat, P.S.- Lachhuar, District- Jamui.
           3.    Piaru Kumar @ Peru Yadav S/O Suresh Yadav Resident of village- Khutkat,
                 P.S.- Lachhuar, District- Jamui.
           4.    Amlesh Yadav @ Amlesh Kumar S/O Naresh Yadav Resident of village-
                 Khutkat, P.S.- Lachhuar, District- Jamui.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vikramadit, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioners and Mr. Prem

                   Kumar Jha, learned APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Lachhuar P.S. Case No. 134 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 117(2),

                   109(1), 303(2), 352, 351(2), 3(5) of the B.N.S., 2023.

                                3. The case of the prosecution is that the petitioner

                   along with others, arrived armed with lathi-danda, Khanti and iron

                   rods. It is further alleged that petitioner no. 1 namely, Naresh

                   Yadav, ordered to kill. Pursuant thereto, Amlesh Yadav (petitioner

                   no. 4) assaulted the informant on the leg with an iron pipe, and
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          petitioner no. 2, namely, Kamlesh Yadav, assaulted the informant

          on his hand, as a result of which his hand was fractured. As far as

          petitioner no. 3 namely, Pairu Kumar @ Peru Yadav is concerned,

          there is an allegation that he was armed with lathi but did not

          assault anyone.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case. Learned counsel for the petitioners submits that from a

          perusal of the order of the learned trial court, it is clear that the

          learned trial court has recorded that the injuries mentioned in the

          injury report of Suman Yadav in Case diary para-61 as follows:

                       (i) L/W on frontal region size-3”x1/2”x1/2”;

                       (ii) L/W at right parietal region size 2”x1/4”x1/4”;

                       (iii) Pain and swelling at right elbow;

                       (iv) Bleeding from nose;

                       (v) Pain and swelling at left leg;

                       (vi) Bruise on the back; and

                       (vii) Whole body pain.

                       All the aforesaid injuries have been opined to be simple

          in nature.

                       5. Learned counsel for the petitioners also submits that

          the injury report of Naresh Prasad discloses the following injuries:
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                       (i)   Lacerated      wound       on     the   right   wrist   size

          1.5”x1/4”x1/4”,

                       (ii) A cut wound at left face 1.5”x1.4”x1/4”

                       (iii) Pain and swelling right at wrist,

                       (iv) Pain and selling on left parietal region,

                       (v) Bruise on left shoulder,

                       (vi) Whole body pain.

                       It has been opined that injury no. 1 is grievous               in

          nature, while the remaining injuries are simple.

                       6. Learned counsel for the petitioners further submits

          that from perusal of the FIR, it is clear that there are specific

          allegations against the petitioners. There are four petitioners in the

          present case, and there is no allegation against petitioner no. 3

          namely, Pairu Kumar @ Peru Yadav. Petitioner no. 1, namely,

          Naresh Yadav is alleged to be only an order giver, whereas

          petitioner no. 2, namely, Kamlesh Yadav is alleged to have

          assaulted Naresh Yadav, the father-in-law of the informant who

          has received injury at right wrist and that wound is opined to be

          grievous in nature.

                       7. Learned counsel for the petitioner submits that so far

          as Amlesh Yadav is concerned, it is alleged that he assaulted the

          informant with a pipe on the leg. From a perusal of the order of the

          learned trial court, it is clear that save and except injury no. 1 of
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          Naresh Yadav, all other injuries are simple in nature, and even

          injury no. 1, though grievous, is bailable in nature. He further

          submits that a statement has been made in para 3 of the petition

          that petitioners have no criminal antecedent. Petitioner nos. 1 to

          3 namely, Naresh Yadav, Kamlesh Yadav and Pairu Kumar

          respectively are languishing in judicial custody since 29.10.2025

          and petitioner no. 4 namely, Amlesh Yadav is in judicial custody

          since 31.10.2025.

                       8. The application for bail is vehemently opposed by the

          learned counsel for the informant and learned APP for the State.

                       9. Before parting, it is very disheartening to note that

          officers in the cadre of ADJ are not able to appreciate the nature

          of the injuries and they are moved by the sections which are

          leveled by police. It is not the police who has to decide the

          sections under which a case will fall. It is the Judicial Officer

          who has to decide the same after application of mind. In this

          case, there is only one grievous injury, i.e., on the wrist. Despite

          the fact that the learned trial court has rejected the bail

          application, he should introspect about his jurisdiction and the

          discretion which is provided to him.

                       10. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioners on bail.         The above named
           Patna High Court CR. MISC. No.91375 of 2025(2) dt.28-01-2026
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                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     Chief Judicial Magistrate, Jamui in connection with Lachhuar P.S.

                     Case No. 134 of 2025 corresponding to Sl. No. 4240 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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