Asarafi Yadav @ Asharfi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18379 of 2026 Arising Out of PS. Case No.-259 Year-2025 Thana- DHAMDAHA District- Purnia ====================================================== Asarafi Yadav @ Asharfi Yadav Son of Late Ramsundar Yadav Resident of Village- Dharhar Jamuniya ward no. 15, P.S.- Dhamdha, District- Purnea854205 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Anand, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2026 Heard Mr. Abhishek Anand, learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 14.12.2025 in connection with Dhamdaha @ Dhamdha P.S. Case No. 259 of 2025, F.I.R. dated 01.09.2025 for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 74, 30392) and 352 of the BNS, 2023.
3. According to prosecution case, this petitioner along with other accused persons brutally assaulted the informant and her husband over a petty dispute.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.18379 of 2026(2) dt.24-03-2026 2/3 implicated in the present case. It appears from the FIR that due to some petty dispute the present occurrence has taken place. Although there is specific allegation against the petitioner that he has assaulted to the husband of the informant, Phulo Yadav due to which he has received injury. He further submits that both the parties are agnate to each other and due to some land dispute the present occurrence took place and there is no intention to kill anyone. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 14.12.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, 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 Judicial Magistrate 1st Class, Purnea in connection with Dhamdaha @ Dhamdha P.S. Case No. 259 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
Patna High Court CR. MISC. No.18379 of 2026(2) dt.24-03-2026 3/3 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) Vanisha/- U T