Patna High Court
Prabhash kumar Yadav @ Prabhash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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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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