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Patna High Court

Hriday Narayan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to both petitioners subject to a bail bond and sureties.

Summary

The petitioners, Hriday Narayan Yadav and Dayanand Yadav, applied for anticipatory bail in a case registered as Laukaha P.S. Case No. 130 of 2025 under several sections of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleges that a trivial water‑dispute escalated when the petitioners, armed with an iron rod, assaulted an informant, causing a simple head injury. The petitioners contend that they have been falsely implicated, have no prior criminal record, and are willing to cooperate with the investigation. The State opposed the bail application. After hearing both sides, the Court noted the simplicity of the injury and the petitioners' clean antecedent. Consequently, the Court granted anticipatory bail to both petitioners, subject to a bail bond of Rs.10,000 and two sureties, with a condition to surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bhartiya Nyaya Sanhita, 2023
  • Whether the petitioners' lack of criminal antecedent and the simple nature of the alleged injury justify bail

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • simple injury
  • no criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3749 of 2026
                     Arising Out of PS. Case No.-130 Year-2025 Thana- LAUKAHA District- Madhubani
                 ======================================================
           1.     Hriday Narayan Yadav S/O Dhanik Lal Yadav R/O Vill.- Jakhi, P.S.-
                  Laukaha, Dist.- Madhubani.
           2.     Dayanand Yadav @ Dayanand Kumar Yadav S/O Hriday Narayan Yadav
                  R/O Vill.- Jakhi, P.S.- Laukaha, Dist.- Madhubani.
                                                                            ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hriday Narayan Harshit, Advocate
                 For the Opposite Party/s :       Mr.Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   28-01-2026                    1. Heard learned counsel for the parties.

                                2. The petitioners have preferred this application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Laukaha P.S. Case no. 130 of 2025 registered under

                   sections 126(2), 115(2), 118(1), 118(2), 109(1), 303(2), 352,

                   351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, over a trivial dispute

                   relating to flow of water during rain, it is stated that both the

                   petitioners herein came armed with iron rod etc and the

                   petitioner no.1 assaulted the informant with an iron rod on the

                   head causing injury.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have been falsely implicated in the case. There is
             Patna High Court CR. MISC. No.3749 of 2026(2) dt.28-01-2026
                                                         2/2




                       case and counter case between the parties over a trivial dispute

                       which would be evident from reading of the FIR itself. The

                       alleged injury has been found to be simple in nature. The

                       petitioners have no criminal antecedent and undertake to

                       cooperate in the investigation/trial.

                                    5. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegation against the petitioners in

                       the F.I.R., the injury having been found to be simple in nature

                       and the petitioners not having any criminal antecedent, it is

                       directed that both the petitioners above named, in the event of

                       their arrest or surrender before the learned Court below within a

                       period of four weeks, be released on anticipatory bail in

                       connection with Laukaha P.S. Case no. 130 of 2025 on each of

                       them furnishing bail bond of Rs.10,000/- (Rupees Ten

                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Sub-Divisional Judicial Magistrate,

                       Jhanjharpur, District-Madhubani.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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