Niraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11053 of 2026 Arising Out of PS. Case No.-88 Year-2024 Thana- DHANKUND District- Banka ====================================================== Niraj Yadav Son of Late Bilash Yadav Resident of village - Kathara, P.S.- Dhankund, District - Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhankund P.S. Case No. 88 of 2024 instituted for the offence under Sections 191(2), 190, 126(2), 115(2), 109(1), 74, 303(2), 352, 351(2) & 103(1) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case, in brief, is that the accused persons, including the petitioner, had earlier threatened the informant and, on 30.08.2024, came armed to her house and assaulted her husband with an iron rod and lathi, rendering him unconscious. It is further alleged that when the informant intervened, she was also assaulted and her silver jewellery and documents were forcibly taken away.

Patna High Court CR. MISC. No.11053 of 2026(2) dt.23-02-2026 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.10.2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is named in the FIR. Specific allegation of giving iron rod blow is attributed to co-accused, namely, Ajay Yadav. So far as other co-accused persons, including the petitioner is concerned, there is no specific allegation against them rather the same is general and omnibus in nature. Similarly situated co-accused has been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 20.06.2025, passed in Cr. Misc. No. 23270 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

Patna High Court CR. MISC. No.11053 of 2026(2) dt.23-02-2026 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhankund P.S. Case No. 88 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T