Swarath Yadav @ Swarath Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32710 of 2026 Arising Out of PS. Case No.-66 Year-2025 Thana- Hathiyav District- Sheikhpura ====================================================== Swarath Yadav @ Swarath Kumar S/o Saudhar Yadav @ Sodhar Yadav Resident of village - Dharampur, P.S - Hathiyawan, District - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for the petitioner and Mr. Aditya Narayan Singh. 1, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 09.02.2026 in connection with Hathiyawan P.S. Case No. 66 of 2025, F.I.R. dated 03.12.2025 for the offences punishable under Sections 329(3), 126(2), 115(2), 109(1), 352 and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused persons including this petitioner have abused and assaulted the informant and his son by means of axe due to which his son received head injury.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.32710 of 2026(2) dt.13-05-2026 2/3 present case. As per the allegation in the FIR, the petitioner has assaulted to the son of the informant by means of axe due to which he received injury. He further submits that due to some petty dispute the present occurrence has taken place and the injury received by the injured person is simple in nature. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 09.02.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner in the FIR and petitioner carries two criminal antecedents other than the present one but he is on bail in the pending matter.
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 CJM, Sheikhpura in connection with Hathiyawan P.S. Case No. 66 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
Patna High Court CR. MISC. No.32710 of 2026(2) dt.13-05-2026 3/3 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) Vanisha/- U T