Brajesh Yadav @ Brajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52104 of 2026 Arising Out of PS. Case No.-29 Year-2025 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Brajesh Yadav @ Brajesh Kumar S/O Dinesh Yadav R/O Village- Padampur, P.S.- Sonbarsa Raj, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 29-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State.
2. The petitioner seeks bail in connection with Sonbarsa Raj P.S. Case No. 29 of 2025 registered for the offence punishable under sections 329(3), 115(2), 117(2), 118(1), 109, 303(2), 3(5) of the B.N.S.
3. As per allegation in the FIR, on 19/02/2025 at 06:30 P.M. petitioner along with others having armed with deadly weapons and iron rod, have assaulted the informant and his family members due to which they sustained grievous injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that in fact, there was previous enmity
Patna High Court CR. MISC. No.52104 of 2026(2) dt.29-07-2026 2/3 between the parties in connection with a land dispute on account of that, he has been implicated in this case and there is a case and counter case between the parties. He further submits as per FIR, the allegation against the petitioner is that he has assaulted one Deepak Yadav by means of iron rod causing him head injury, but the injury report does not support the allegation leveled against the petitioner. He further submits that it is evident from injury report that the doctor has not opined the nature of the injury. He next submits that direct allegation of assault has been leveled against the co-accused Akhilesh Yadav who has already been granted bail by a co-ordinate Bench of this Court vide order dated 26.11.2025 passed in Cr. Misc No. 63798 of 2025 and the case of the petitioner stands on better footing to that of the co-accused. He further submits that after investigation police has submitted charge-sheet against the petitioner. The petitioner who is of clean antecedent is in custody since 17.04.2026.
5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and also the fact that there is case and counter case between the parties as well as co-accused having direct
Patna High Court CR. MISC. No.52104 of 2026(2) dt.29-07-2026 3/3 allegation has been granted bail by a co-ordinate Bench of this Court, let the above named petitioner be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of learned J.M 1st Class/Successor Court in connection with Sonbarsa Raj P.S. Case No. 29 of 2025.
(Girijish Kumar, J) nitu/- U