Patna High Court
Hriday Narayan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 118(2), 126(2), 303(2), 3(5), 351(2), 352
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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