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2026 Supreme(Online)(Pat) 4561

PATNA HIGH COURT
RAJESH KUMAR VERMA, J
Subhash Yadav – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.77858 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Dhannjay Kumar Ii
For the Respondents: Mr. Bhanu Pratap Singh, APP

Bail granted based on the nature of injuries and clean antecedent.

Headnote:In this case concerning bail under the Bharatiya Nyay Sanhita, 2023, the petitioner seeks bail after being in custody since 02.09.2025 for alleged assault. The court noted the complaint of injuries sustained by the informant, but highlighted that they were simple in nature and the petitioner has a clean antecedent. The court found sufficient grounds for bail. The primary issues included the nature of the allegations, with the court's reasoning centering on the minor nature of injuries and no previous offenses of the petitioner. The final decision was to grant bail upon specified conditions.

Table of Content
1. petitioner seeks bail based on injuries' nature. (Para 2 , 3)
2. arguments for bail based on clean antecedent. (Para 4 , 5)
3. bail granted with conditions outlined. (Para 6)

For the Petitioner/s : Mr. Dhannjay Kumar Ii, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Dhannjay Kumar Ii, learned counsel for the petitioner as well as Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

02.09.2025 in connection with Chanpatiya P.S. Case No. 178 of 2025, F.I.R. dated 01.09.2025 for the offences punishable under Sections 126(2), 15(2), 118(1), 109(1), 352, 3(5) of the Bharatiya Nyay Sanhita, 2023 .

3. According to prosecution case, the informant alleged that when he was walking in front of his house after dinner then all of a sudden the petitioner along with other co-

accused persons came and assaulted him with knife.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. Although there is specific allegation against the petitioner that he has assaulted the informant and the informant received injury but the injury report of the informant suggest that injury inflicted upon him is simple in nature. He further submits that the police after investigation submitted the charge sheet and the petitioner is in custody since

02.09.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and 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 the learned C.J.M., Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 178 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 cancelled by the Court below.

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)

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