Banhu Yadav v. The State of Bihar

Patna HC9 Jul 2025CR. MISC./41083/2025

Case brief

AI extract

What is this about?

Regular bail granted — Patna High Court, 09-07-2025, Cri. Misc. No.41083 of 2025 (Banhu Yadav v. State of Bihar); Srinagar P.S. Case No. 96 of 2024, West Champaran; Sections 341, 342, 323, 324, 307, 379, 504, 506, 34 IPC; general and omnibus allegation; assault with iron rod; case and counter case compromised; judicial custody since 02.05.2025; bail bonds Rs. 10,000 with two sureties; Judicial Magistrate, Bettiah; coram: Justice Ramesh Chand Malviya; advocates: Sujeet Kumar (petitioner), Pronoti Singh, APP (State).

What did the court decide?

Regular bail granted: petitioner to furnish bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bettiah, District- West Champaran in connection with Srinagar P.S Case No. 96 of 2024. ¶¶22

Banhu Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶22

Issue for consideration

Whether the petitioner, in custody in connection with Srinagar P.S. Case No. 96 of 2024, should be released on regular bail.

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Court's answer

On perusal of the FIR and the impugned order, the allegation against the petitioner is general and omnibus in nature.

¶¶21

Ratio / Principle

As appears from the impugned order, there is case and counter case between the parties and it stands compromised between them; the petitioner has been in judicial custody since 02.05.2025.

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Key takeaways

Considering the facts, circumstances and submissions made on behalf of the petitioner, the petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bettiah, in connection with Srinagar P.S. Case No. 96 of 2024.ratio¶¶22

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J) allowed Criminal Miscellaneous No.41083 of 2025 (arising out of Srinagar P.S. Case No. 96 of 2024, District West Champaran, registered under Sections 341, 342, 323, 324, 307, 379, 504, 506 and 34 IPC) and released petitioner Banhu Yadav on regular bail. Perusal of the FIR and the impugned order showed the allegation against the petitioner to be general and omnibus in nature (assault on the informant by means of iron rod alongside co-accused), that there was a case and counter case between the parties which had been compromised, and that the petitioner had been in judicial custody since 02.05.2025. Bail was ordered on bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bettiah.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41083 of 2025

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Arising Out of PS. Case No.-96 Year-2024 Thana- SRINAGAR District- West Champaran

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======================================================

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Banhu Yadav S/o Late Mishari Yadav R/o Village- Bagahi Ahir Toli, Ward No 1, P.S.- Srinagar, District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

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For the Petitioner/s : Mr. Sujeet Kumar, Advocate For the Opposite Party/s : Mr. Pronoti Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 09-07-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is in custody in connection with Srinagar P.S Case No. 96 of 2024 registered for the offences punishable under Sections 341, 342, 323, 324, 307, 379, 504, 506 and 34 of the I.P.C.

¶16

As per prosecution case, petitioner along with coaccused variously armed assaulted the informant and his father.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next submitted that allegation against the petitioner is general and omnibus in nature. It is further submitted that petitioner has got clean antecedent as stated in paragraph-3 of the bail application.

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Patna High Court CR. MISC. No.41083 of 2025(2) dt.09-07-2025 2/2

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It is also submitted that petitioner is in judicial custody since 02.05.2025.

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However, learned APP for the State opposes the prayer for regular bail of the petitioner.

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On perusal of the FIR and impugned order, it appears that allegation against the petitioner along with coaccused is to have assaulted the informant by means of iron rod. Allegation against the petitioner is general and omnibus in nature. From impugned order it appears that there is case and counter case between the parties and the case and counter case has been compromised between the parties. Petitioner is in judicial custody since 02.05.2025.

¶22

Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, 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 learned Judicial Magistrate, Bettiah, District- West Champaran in connection with Srinagar P.S Case No. 96 of 2024.

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(Ramesh Chand Malviya, J)

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Mayank/- U

Banhu Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Banhu Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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