Sonu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11552 of 2026 Arising Out of PS. Case No.-254 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Sonu Yadav S/o- Lalan Yadav Village- Nirpur PS-Paharpur District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Mayank Mohan, Advocate For the State :
Dr. Mrityunjaya Kumar Gautam, APP For the Informant :
Mr. Sarvesh Kashyap, Advocate Ms. Kumari Akanksha Rai, Advocate Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 12-05-2026 Heard learned Senior counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Paharpur P.S. Case No. 254 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1), 303(2), 118(1), 352 and 351(3) of the BNS.
3. As per the prosecution case, the petitioner, along with the co-accused persons, formed an unlawful assembly and came upon the land of the informant, where they stopped the filling of land and started abusing them in filthy language.
2/4 During the incident, the petitioner is alleged to have assaulted the mother of the informant on her face with a spade, due to which she sustained injuries in her teeth and jaw, as a result of which she fell on the ground and became unconscious.
4. Learned Senior Counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It has further been submitted that there is serious land dispute between the parties, and there are case and counter-case between them. The counter-case filed by the petitioners also contains the allegations with respect to Section 109(1) of the BNS. It has further been submitted that the injured mother of the informant sustained one lacerated wound on the buccal surface of the upper lip, and apart from that injury, no other injury was found on the person of the injured. It has further been submitted that there is no allegation of repetition of blow against the petitioner.
Learned Senior counsel for the petitioner has also submitted that in fact the occurrence took place suddenly resulting into free fight between the parties followed by case and counter case between them. It has further been submitted that the charges have been framed, the petitioner is ready to co-operate in the trial and there is no allegation of tempering with the evidence against the petitioner.
3/4 been submitted that the petitioner has got clean criminal antecedent and is in custody since 16.12.2025.
5. Learned APP for the State and learned counsel of the informant have vehemently opposed the prayer for bail of the petitioner. Learned counsel for the informant has submitted that the victim, injured mother of the informant, is being treated continuously till date and she has also developed serious eye sight problem.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the case and the totality of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, in connection with Paharpur P.S. Case No. 254 of 2025, with condition(s):- (i) the petitioner is directed to remain physically present before the learned Court below on each and every date fixed in the trial, failure on two consecutive dates without reasonable cause, the bail bonds of the petitioner would be liable to be cancelled.
(ii) it is also directed that the petitioner will not tamper with the evidence and will not threat any of the witness of the case, the informant/state would be at liberty to file appropriate application for cancellation of the bail
4/4 bonds of the petitioner in accordance with law. (iii) The learned 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 steps for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
8. The application stands allowed.
(Praveen Kumar, J) Jyoti/- U T