Patna High Court
Pawan Yadav @ Pawan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, three brothers from Barsam village, applied for anticipatory bail after a FIR alleged they assaulted an informant and others using weapons on 2 August 2024. They sought a correction in the father's name of petitioner No.2, which the court permitted. The prosecution charged them under several provisions of the Bharatiya Nyaya Sanhita, including sections dealing with unlawful assembly, rioting, and assault. The petitioners argued that the incident stemmed from a fishing dispute, both sides were injured, and the allegations were vague and lacked specific overt acts, emphasizing their clean antecedent. The State opposed bail, but the court, considering the nature of the accusations and the petitioners' clean record, granted anticipatory bail subject to a bond of Rs.10,000 and sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the FIR alleging multiple offences.
- Whether the correction of the father's name in the petitioner's records is permissible.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 189(4), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- clean antecedent
- correction of name
- assault
- section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85946 of 2025
Arising Out of PS. Case No.-84 Year-2024 Thana- RUDRAPUR District- Madhubani
======================================================
1. Pawan Yadav @ Pawan Kumar Yadav S/O Late Laxmi Yadav R/O Village-
Barsam, Tole Phulwariya, P.S- Rudrapur, Distt.- Madhubani.
2. Subhash Kumar Yadav @ Subhash Yadav S/O Suraj Narayan Yadav R/O
Village- Barsam, Tole Phulwariya, P.S- Rudrapur, Distt.- Madhubani.
3. Ganesh Kumar Yadav @ Ganesh Yadav S/O Laxman Yadav R/O Village-
Barsam, Tole Phulwariya, P.S- Rudrapur, 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 : Mr. Nirmal Kumar Sinha, A.P.P.
For the Informant : Mr. Binod K. Sinha, Mr. Ajay K. Prasad, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 At the outset, learned counsel for the petitioners seeks
permission to make correction in father’s name of petitioner no.
2 as ‘Shiv Nath Yadav’ which has wrongly been mentioned as
‘Suraj Narayan Yadav’.
2. Permission accorded.
3. Heard learned counsel for the petitioners and the
State.
4. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 189(4), 126(2), 115(2),
109, 117(2), 352, 351(2) of the Bharatiya Nyaya Sanhita.
5. As per prosecution case, on 2.8.2024 at about 11
Patna High Court CR. MISC. No.85946 of 2025(2) dt.07-01-2026
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AM, all the F.I.R. named accused persons, including these
petitioners assaulted informant and others by means of farsa,
iron rod etc.
6. Learned counsel for the petitioners submits that due
to dispute with regard to fishing, scuffle took place between the
parties in which both sides sustained injuries. Case and counter
case. After investigation, police submitted final form against
these petitioners. Allegation of assault is general and omnibus
and there is no specific allegation of overt act against these
petitioners. Petitioners claim clean antecedent.
7. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
8. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their 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) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Jhanjharpur, Madhubani in connection
with Rudrapur P. S. Case No. 84 of 2024, subject to condition as
Patna High Court CR. MISC. No.85946 of 2025(2) dt.07-01-2026
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laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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