Patna High Court
Bhusan Yadav @ Bhushan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Considering the facts, the period of incarceration and the existence of a counter case, the court held that bail should be granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Bhusan Yadav, was charged under Sections 126(2), 115(2), 109(1), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act for allegedly entering an informant's house, discharging a firearm, and assaulting the informant's son with an iron rod, causing unconsciousness. Both parties, who are agnates, suffered injuries and a counter‑case was lodged by the petitioner's wife against members of the prosecution side. The petitioner had been in custody since 3 December 2025 and sought bail, while the informant opposed bail on the ground of a grievous injury. The court examined the seriousness of the offences, the duration of incarceration, and the existence of a reciprocal case, and decided to grant bail. Bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount and the petitioner’s cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and the alleged grievous injury to the victim.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109(1), 115(2), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- assault
- counter case
- grievous injury
- agnates
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9762 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- PARASBIGHA District- Jehanabad
======================================================
Bhusan Yadav @ Bhushan Yadav S/o Late Pargash Yadav R/o Village - Jaman
Bigha, P.S - Parasbigha, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Neeraj, Adv.
Mr. Kumar Anjani Sinha, Adv.
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections-126(2), 115(2), 109(1), 3(5)
of B.N.S., 2023 and 27 of the Arms Act.
3. It is alleged that the accused persons including the
petitioner having entered into house of the informant, opened
fire upon the informant’s son but fortunately, the shot was not
hit. Thereafter, all the accused persons assaulted on his head and
other parts of the body by means of iron rod, as a result of
which, he became unconscious and was referred to P.M.C.H.
Patna
4. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.9762 of 2026(2) dt.26-02-2026
2/2
that both the parties are agnates and the persons from both sides
suffered injuries. The petitioner has also suffered injuries, for
which, the wife of the petitioner has also lodged a case against
the members of prosecution party. The petitioner is under
custody since 03-12-2025.
5. On the other hand, learned counsel appearing for
the informant has opposed the prayer for bail by submitting that
one of the injuries is grievous in nature.
6. Considering the aforesaid facts and circumstances,
period of incarceration and also considering that there is case
and counter case between the parties, let the petitioner named
above, 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 learned Judicial Magistrate-Ist Class,
Jehanabad in connection with Parasbigha P.S. Case No. 316 of
2025 with condition that the petitioner shall cooperate with the
trial of the case and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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