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Patna High Court

Pawan Yadav @ Pawan Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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