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Patna High Court

Sintu Yadav @ Santu Yadav @ Santu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs 10,000 each with two sureties.

Summary

The petitioners – Sintu Yadav, Rabindra Yadav and Ram Pravesh Yadav – were arrested in connection with a case (PS Chiksaura, Case No 221 of 2025) alleging assault with lathis, iron rods and firearms, resulting in grievous injuries to the informant’s family members. They were charged under sections 126(2), 115(2), 352, 351(2), 109 and 3(5) of the B.N.S. and section 27 of the Arms Act and have been in judicial custody since 10 November 2025. The petitioners claimed innocence, argued that the allegations were vague and that a counter‑version of events existed, and contended that the injuries were either minor or resulted from a separate incident. The State opposed bail, citing the seriousness of the offences and the petitioners’ criminal antecedents. After hearing both sides, the Court held that the nature of the allegations was bailable and ordered the petitioners to be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties each.

Issues considered

  • Whether the petitioners are entitled to regular bail despite charges of assault, grievous hurt and violation of the Arms Act
  • Whether the nature of the allegations and the presence of criminal antecedents preclude the grant of bail

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352

Subjects

  • regular bail
  • grievous hurt
  • Arms Act
  • assault
  • judicial custody
  • criminal antecedents
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91885 of 2025
                      Arising Out of PS. Case No.-221 Year-2025 Thana- CHIKSAUR District- Nalanda
                 ======================================================
           1.     Sintu Yadav @ Santu Yadav @ Santu Kumar S/o Rabindra Yadav R/o
                  Village - Kemarthu, P.S - Chiksaura, District - Nalanda
           2.    Rabindra Yadav S/o Late Ram Kishun Yadav R/o Village - Kemarthu, P.S -
                 Chiksaura, District - Nalanda
           3.    Ram Pravesh Yadav S/o Rajendra Yadav R/o Village - Kemarthu, P.S -
                 Chiksaura, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 For the Informant        :       Mr. Rekha Ranjan Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   29-01-2026                    Heard learned counsel for the petitioners, learned

                   APP for the State and learned counsel for the informant.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 126(2),

                   115(2), 352, 351(2), 109 and 3(5) of B.N.S. and Section 27 of

                   the Arms Act.

                                3. The case of the prosecution is that the petitioners

                   along with others being armed with lathi, iron rod and weapon

                   arrived and assaulted the family members of the informant.

                   There is specific allegation against Pintu Yadav who has made

                   firing and a gun shot injury was received by Sirdala Devi.
Patna High Court CR. MISC. No.91885 of 2025(2) dt.29-01-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Learned counsel for the petitioners has submitted that the nature

          of allegation against these petitioners is general and omnibus.

          He has further submitted that there is also a counter version of

          this case. From perusal of injury report of Chandrika Prasad, it

          is clear that he has received two injuries: (i) swelling and pain

          over right hand (ii) pain over head. The doctor has also reported

          that x-ray shows undisplaced fracture of upper end of 3 rd

          metacarpal. Learned counsel has submitted that the injury is on

          the head which has been fractured though the nature of injury is

          grievous but the allegations are bailable. Moreover, the

          petitioners are languishing in judicial custody since 10.11.2025.

                       5. Learned APP appearing for the state and learned

          counsel for the informant have opposed the prayer of regular

          bail and have submitted that petitioners are having criminal

          antecedents which are detailed in para-3 of this bail petition.

          Learned counsel for the informant has submitted that the nature

          of injury is grievous.

                       6. 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.91885 of 2025(2) dt.29-01-2026
                                                        3/3




                      petitioners are directed to be released on bail in connection with

                      Chiksaura P.S. Case No. 221 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate-I, Hilsa, Nalanda.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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