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Patna High Court

Prabhash kumar Yadav @ Prabhash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.

Summary

The petitioners, three residents of Barsam village, applied for anticipatory bail after being implicated in a case (PS Case No.84/2024) involving offences under Sections 189(4), 126(2), 115(2), 109, 117(2), 352 and 351(2) of the Bihar Non‑Compete Statutes, 2023. They claimed they have clean antecedents and that the informant, who alleged assault and theft of fish from a pond, had previously settled the pond in the petitioners' favour, making the allegations false. The District Court had rejected their anticipatory bail, and a magistrate subsequently issued a process under Section 84 BNSS (equivalent to Section 82 CrPC) in a mechanical manner. The petitioners argued they were not absconding and sought bail on the condition of furnishing bail bonds and sureties. The High Court, after considering the submissions, held that the petitioners could be released on anticipatory bail subject to the conditions under Section 482(2) of the BNSS, and allowed the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the pending serious offences.
  • Whether the process under Section 84 BNSS (corresponding to Section 82 CrPC) was validly issued.
  • Whether the petitioners are likely to abscond or tamper with evidence.
  • Whether the allegations against the petitioners constitute false implication.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • pond dispute
  • Section 84 BNSS
  • Section 82 CrPC
  • Section 482 CrPC
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85883 of 2025
                    Arising Out of PS. Case No.-84 Year-2024 Thana- RUDRAPUR District- Madhubani
                 ======================================================
           1.     Prabhash kumar Yadav @ Prabhash Yadav son Baidyanath yadav Resident
                  Of Village- Barsam, Tole Phulwariya, Ps -Rudrapur, Dist- Madhubani
           2.    Lalan Kumar Yadav @ Lalan Yadav son of Laxmi Yadav Resident Of
                 Village- Barsam, Tole Phulwariya, Ps -Rudrapur, Dist- Madhubani
           3.    Manishankar Yadav @ Manikant Yadav son of Surya Narayan Yadav
                 Resident Of Village- Barsam, Tole Phulwariya, Ps -Rudrapur, 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. Binod Kumar, APP
                 For the Informant        :      Mr. Sanjay Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 189(4),

                   126(2), 115(2), 109, 117(2), 352 and 351(2) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that he along with his labourers were fishing in his bond,

                   when seven named accused persons including the petitioners

                   came and Lalan gave orders to kill, when Pawan assaulted by
Patna High Court CR. MISC. No.85883 of 2025(2) dt.03-02-2026
                                            2/4




          backside of the farsa causing injury on shoulder, thereafter

          Lalan assaulted Mukesh by farsa who stopped the assault by

          hand, thereafter Rajkishore assaulted Mukesh by rod causing

          injury on head, further accused persons assaulted Ram Saday

          and his wife, Umda and abused by taking caste name and took

          out about 100-125 quintals of fish from the pond and Pawan

          along with Lalan acted inappropriately with Umda Devi.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant, it is next submitted that no doubt the pond

          belongs to the informant, but then the side of the petitioners had

          got the pond settled in their favour by the father of the

          informant, as would manifest from Annexure-3 to the

          anticipatory bail application. It is further submitted that though

          the pond was settled in favour of the side of the petitioners, but

          then the informant and his side were fishing, as such, an

          altercation took place in which both sides assaulted each other.

          It is further submitted that even the injury suffered by the

          injured has been opined to be simple. It is next submitted that

          the anticipatory bail application of the petitioners got rejected

          by the learned District Court by an order dated 15.11.2025 and

          thereafter the petitioners immediately moved before this Court
Patna High Court CR. MISC. No.85883 of 2025(2) dt.03-02-2026
                                            3/4




          on 01.12.2025 and during pendency of the instant anticipatory

          bail application, process under Section 84 BNSS (corresponding

          Section 82 Cr.P.C.) was sought by the police and the same was

          granted by the learned Magistrate in a mechanical manner by an

          order dated 12.01.2026. It is further submitted that petitioners

          were not absconding from law rather were availing their

          remedies available in law, but then the learned Trial Court was

          in haste in issuing process under Section 84 BNSS.

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

          counsel appearing on behalf of the informant opposes the prayer

          for anticipatory bail of the petitioners, but then are not in a

          position to rebut the submission of the learned counsel

          appearing on behalf of the petitioners that petitioners based on a

          settlement are claiming the pond and the injury suffered by the

          side of the informant is simple and the petitioners had moved

          before the learned District Court and this Court in time and it

          was during pendency of the instant anticipatory bail application

          that process under Section 84 BNSS (corresponding Section 82

          Cr.P.C.) was issued.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned trial court
            Patna High Court CR. MISC. No.85883 of 2025(2) dt.03-02-2026
                                                        4/4




                      within a period of six weeks from today, be released on

                      anticipatory bail on furnishing bail bonds of Rs. 10,000/-

                      (Rupees Ten Thousand) each with two sureties of the like

                      amount each to the satisfaction of the learned trial court where

                      the case is pending/successor court in connection with Rudrapur

                      P.S. Case No. 84 of 2024 subject to the conditions as laid down

                      under Section 482 (2) of the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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