Kaushal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34165 of 2026 Arising Out of PS. Case No.-700 Year-2025 Thana- HISUWA District- Nawada ====================================================== 1.
Kaushal Yadav S/O Umesh Yadav Resident of village- Nasratpur Fulwaria, P.S. Hisua, District- Nawada.
2.
Vikash Yadav Son of Sukhdev Yadav Resident of village- Nasratpur Fulwaria, P.S. Hisua, District- Nawada.
3.
Yogendra Yadav @ Yogondra Yadav Son of Umesh Ray Resident of villageNasratpur Fulwaria, P.S. Hisua, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the State :
Mr. Uma Shankar Prasad Singh, APP For the Informant :
Mr. Arun Kumar, Advocate :
Mr. Raushan Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard Mr. Ajay Kumar, learned counsel for the petitioners, Mr. Arun Kumar, learned counsel for the informant and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since 23.02.2026 in connection with Hisua P.S. Case No. 700 of 2025, for the offences punishable under Sections 190, 191(2), 115(2), 126(2), 324(4), 118(2), 109, 303(2) of BNS.
3. The case of the prosecution, in brief, is that on 12.12.2025 at about 6:00P.M, the informant alleged that his brother was going to his house on his tractor via Washat Hisua
2/4 and on Rajgir Road, the informant's brother purchased some house hold item from family Mega Mart and when he came to go the tractor, in the meantime the petitioners along with other co-accused persons, armed with sharp weapons attacked on the informant's brother with intention to kill, the accused Ramashish Yadav stabbed in the stomach of informant's brother due to which he flee down on the ground, accused Satish Yadav stabbed, Vikash Yadav, stabbed on chest, Kaushal Yadav stabled his neck with Pasuli due to which the neck got cut. It is further alleged that all other persons also stabbed on his brother and local person has been seen the incident and nearby people save the life of the informant's brother and went to hospital for better treatment and thereafter the lodged this case.
4. Learned counsel for the petitioners submits that petitioners are innocent and they falsely been implicated in the present case. It appears from the FIR that due to land dispute, the present occurrence has taken place. Although the petitioners are named in the FIR and there is specific allegation against them that they have assaulted informant's brother and injury report of the injured person suggest that injury inflicted upon him is grievous in nature but there was no intention to kill anyone and on the spur of moment, the present occurrence has
3/4 taken place and similarly situated co-accused person, namely, Bhuneshwar Yadav been granted the privilege of bail by this Court vide order dated 12.05.2026 in Cr. Misc. No. 31351 of 2026. The police after investigation submitted charge-sheet against the petitioners and the petitioners are in custody since 23.02.2026.
5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner no.1 has one criminal antecedent and petitioner nos.2&3 have got two criminal antecedents.
6. Considering the aforesaid facts and circumstances, let the petitioners, 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 Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 700 of 2025, subject to the following conditions:- i. Petitioners 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 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
4/4 ii. If the petitioners tamper 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Suruchi/- U T