Kamlesh Yadav @ Kamlesh Badshah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38016 of 2026 Arising Out of PS. Case No.-494 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== 1.

Kamlesh Yadav @ Kamlesh Badshah S/o Uday Yadav R/o Parsa Rahimpur, P.S.- Parsa Bazar, Distt.- Patna 804453 2.

Ravi Kumar Yadav, S/o Anil Yadav R/o Parsa Rahimpur, P.S.- Parsa Bazar, Distt.- Patna 804453 ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Manas Rajdeep, Advocate Mr. Gyan Prakash, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-06-2026 Defects as pointed out by the office is ignored in view of the impugned order, as same appears to explain the injuries.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. Both accused/petitioners are named in the FIR and apprehending their arrest in connection with Parsa Bazar P.S. Case No.494 of 2025 registered under Sections 115(2), 126(2), 109, 352, 351(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'BNS').

4. As per FIR, petitioners alleged to assault the informant and others during the occurrence causing head

Patna High Court CR. MISC. No.38016 of 2026(2) dt.09-06-2026 2/3 and bodily injuries, with intention to cause their death.

5. It is submitted by learned counsel appearing for petitioners that prior to this occurrence, the sister of informant was outraged by informant's side for which Parsa Bazar P.S. Case No.482 of 2025 was lodged and just for creating a counter legal pressure, the present false case was lodged. It is submitted that the impugned order itself explained that the injury was on non-vital part and upon medical examination, it was found simple in nature, which prima facie negate the intention to cause death.

6. Explaining criminal antecedent, it is submitted that petitioner no.1 found involved in three more criminal cases, where he is on bail, whereas petitioner no.2 found involved in one more criminal case, where he is also on bail.

7. Learned APP opposed the prayer of bail.

8. In view of aforesaid factual submissions and by taking note of fact as the injury alleged to be caused by petitioners prima facie appears on non-vital part of the body, where nature of injury upon medical examination also found simple in nature prima facie negating the intention to cause

Patna High Court CR. MISC. No.38016 of 2026(2) dt.09-06-2026 3/3 death, accordingly, both petitioners, above-named, in the event of their arrest or surrender in the court below within a period of four weeks, are directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned JMFC-IV, Patna in connection with Parsa Bazar P.S. Case No.494 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T