Patna High Court
Bindeshwar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to all petitioners.
Summary
The petitioners, Bindeshwar Yadav, Jiwachh Yadav and Bhola Yadav, were arrested in connection with a case registered under multiple sections of the B.N.S. for alleged assault on an informant and a woman named Urmila Devi. The prosecution alleged that Bindeshwar ordered Bhola to assault the informant and that Bhola also assaulted Urmila, while no specific charge was made against Jiwachh. The petitioners contended they were falsely implicated, citing a medical report that showed no injury to Urmila and only minor injuries to the informant. They had been in judicial custody since 20‑11‑2025 and sought bail, which the State opposed. After hearing both sides, the Court found the injuries minor and the allegations insufficient to deny bail, and ordered that each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, emphasizing the need for judicial discretion beyond police allegations.
Issues considered
- Whether the petitioners are entitled to bail despite the charges under Sections 329(4), 191(2), 115(2), 126(2), 109, 76, 118(2), 303(2), 352 and 351(2) of the B.N.S.
- Whether the nature and severity of the alleged injuries justify denial of bail
Subjects
- bail
- criminal procedure
- assault
- judicial custody
- fundamental rights
- police allegations
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91946 of 2025
Arising Out of PS. Case No.-133 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
1. Bindeshwar Yadav, S/o Late Janak Yadav, Resident of Village- Khoir, PS.-
Babubarhi, District- Madhubani
2. Jiwachh Yadav, S/o Late Janak Yadav, Resident of Village- Khoir, PS.-
Babubarhi, District- Madhubani
3. Bhola Yadav, S/o Bindeshwar Yadav, Resident of Village- Khoir, PS.-
Babubarhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Babubarhi P.S. Case No. 133 of 2025 registered for the
offence punishable under Sections 329(4), 191(2), 115(2),
126(2), 109, 76, 118(2), 303(2), 352 and 351(2) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioners along with others entered in the courtyard of the
informant. The allegation against the petitioner no. 1 is that he has
ordered and on his order, Bhola Yadav, petitioner no.3 has
assaulted with lathi to the informant and it is further alleged that
Bhola Yadav again assaulted one Urmila Devi. As far as petitioner
Patna High Court CR. MISC. No.91946 of 2025(2) dt.29-01-2026
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no.2 Jiwachh Yadav is concerned, there is no specific allegation
against him.
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. From perusal of the injury report of Urmila Devi which is
annexed at Annexure-P/2, it is clear that she has not received any
injury as the doctor has opined that no sigh of injury found on her
body and as far as the injuries of informant is concerned, he has
received two injuries; first is swelling in left leg knee joint and
second is abrasion in right leg. Both the injuries are simple caused
by hard and blunt substance. Learned counsel for the petitioner has
further submitted that there is also a counter version of this case.
Petitioners are languishing in judicial custody since 20.11.2025.
5. The application for bail is opposed by learned APP
for the State.
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
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
J.M. 1st Class, Madhubani in connection with Babubarhi P.S. Case
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No. 133 of 2025.
7. Before parting, it is very disheartening to note that
even the officers in the cadre of A.D.J. are not able to segregate
the allegations against the petitioners and they are blindly
following the Sections levelled by police. It is not the work of a
Judicial Officer to just follow the police rather he/she should
apply his/her own mind while considering the bail as this is
related with the fundamental right of the detenue.
(Ashok Kumar Pandey, J)
lata/-
U T
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