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Patna High Court

Bhusan Yadav @ Bhushan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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