Patna High Court
Bharat Yadav @ Bharat Kumar @ Bharat NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Bharat Yadav was arrested on 4 December 2025 in connection with a robbery and assault case (PS Case No. 733 of 2025) involving the alleged snatching of Rs. 48,000 and a gold chain, and assault with an iron rod causing 14 stitches to the informant. He applied for bail, claiming a clean antecedent and asserting that the FIR was fabricated and the injury was simple. The prosecution opposed bail, citing the seriousness of the offences under Sections 126(2), 115(2), 109(1), 303(2), 352, 351(2) and 3(5) of the Bihar Penal Code. The Court considered the petitioner’s clean record, the nature of the injury, and the circumstances of the dispute, and decided to grant bail. Bail was ordered on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences alleged under the Bihar Penal Code.
Subjects
- bail
- robbery
- assault
- criminal procedure
- Bihar Penal Code
- injury
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9420 of 2026
Arising Out of PS. Case No.-733 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Bharat Yadav @ Bharat Kumar @ Bharat Nat Son of Late Butan Nat R/o
Village - Kayam Nagar, P.S. - Koilwar, Dist. - Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.12.2025 in connection with Ara Nawada P.S. Case No. 733
of 2025 for the offences punishable under Sections 126(2),
115(2), 109(1), 303(2), 352, 351(2), 3(5) of BNS.
3. The prosecution story, in brief, is that it is case of
the informant Raju Kuamr Sharma is that on 11.11.2025 at
about 9.00 AM in morning when informant was going towards
Ramna Shahid Bhawan and in the meantime petitioner Bharat
Bhawan and in the meantime petitioner Bharat Yadav riding on
Swift Desire vehicle bearing registration No. BR01JE3674
alongiwth four other persons and three persons riding on a
motorcycle started abusing the informant and snatched Rs
Patna High Court CR. MISC. No.9420 of 2026(3) dt.01-04-2026
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48000/- cash and golden chain from his neck. It is alleged that
petitioner Bharat Yadav assaulted repeatedly by iron rod on the
head of the informant due to which informant got total 14
stitches on his head Bharat Yadav and seven unknown persons
among them two to three persons he may be identified Bharat
Yadav is the resident of Kayamnagar his chain cost is 2,50,000
Rs. that has been snatched by Bharat Yadav when his relative
reached there Bharat Yadav fled away alongwith his gang and
also threatened to kill him and his family He also operating a
gang of snatching and said he shall not follow the law all
persons having the pistol along with them.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Learned counsel for the petitioner further
submits that from perusal of the FIR it appears that due to some
petty dispute the present occurrence has taken place. It is next
submitted that although there is specific allegation against the
petitioner that he has assaulted the informant by means of iron
rod and the informant has received the injury but the injury
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sustained by the informant is found to be simple in nature
caused by hard and blunt substance. It is next submitted that
there is no intention on the part of the petitioner to kill anyone
and the police after investigation has submitted charge-sheet and
petitioner is in custody since 04.12.2025.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner is a person with clean and the injury
inflicted upon the informant is simple in nature, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of District and learned Chief
Judicial Magistrate, Bhojpur at Ara in connection with Ara
Nawada P.S. Case No. 733 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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