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Patna High Court

Anil kumar Yadav @ Anil YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, notwithstanding the assault allegations, the petitioner’s clean antecedent and the nature of injuries warranted the grant of anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Anil Kumar Yadav, sought anticipatory bail after being implicated in an FIR alleging assault under several sections of the Indian Penal Code. He claimed innocence, arguing that the allegations were vague and that he had a clean antecedent. The State and the informant opposed the bail application. The court considered the nature of the accusations, the injuries sustained, and the petitioner’s clean record. It concluded that these factors justified granting anticipatory bail. Accordingly, the court ordered that if arrested within eight weeks, the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite allegations under the IPC.
  • Whether the allegations constitute a specific overt act sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • clean antecedent
  • Section 482
  • Indian Penal Code
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80344 of 2025
                    Arising Out of PS. Case No.-260 Year-2022 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Anil kumar Yadav @ Anil Yadav Son of Ram Ashish Yadav R/o Village -
                 Siswabarhi, P.S. - Phulparas, Distt. - 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 :       Ms. Rina Sinha, A.P.P.
                 For the Informant        :       Ms. Madhu Prasun, Ms. Renu Kumari, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   13-03-2026                    Heard learned counsel for the petitioner, informant

                   and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 341, 323, 324, 307, 354,

                   379, 504/34 of the Indian Penal Code.

                                3. As per F.I.R., this petitioner along with other

                   accused persons assaulted informant and his family members by

                   means of lathi, iron rod, khanti, tangari and farsa as a result of

                   which they sustained injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Allegation

                   of assault is general and omnibus and there is no allegation of

                   any specific overt act against petitioner. Injuries sustained by the
              Patna High Court CR. MISC. No.80344 of 2025(4) dt.13-03-2026
                                                          2/2




                        injured are simple in nature. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering backdrop of the case, nature of

                        accusation, injuries and clean antecedent, this anticipatory bail

                        is allowed and it is ordered that let the above named petitioner

                        in the event of his arrest/surrender before the court below within

                        a period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of Additional

                        Chief Judicial Magistrate II, Jhanjharpur, Madhubani in

                        connection with Phulparas P. S. Case No. 260 of 2022, subject

                        to condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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