Created by Fuzzy Cloud

Patna High Court

Mintu Yadav @ Mitnu Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, four residents of Harpurnag, sought anticipatory bail after being identified in video footage following a ruckus caused by villagers after a woman's death in a road accident. They argued that they were merely present out of curiosity and not involved in assaulting the Sub‑Inspector, contending that the informant had falsely implicated them. The State opposed the bail, citing the serious offences alleged under multiple sections of the B.N.S., 2023. The Court examined whether the video identification and the alleged assault warranted denial of bail and considered the provisions of Section 482(2) of the B.N.S.S. The Court held that the petitioners could be released on anticipatory bail, subject to a bond and sureties, and directed the trial court to impose conditions as per the law. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether anticipatory bail can be granted despite the petitioners' identification in video footage of the incident.
  • Whether the allegations of assault on a police officer and other offences under the B.N.S., 2023 justify denial of bail under Section 482(2).
  • Whether the petitioners were falsely implicated and thus entitled to bail.

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 121(1), 125, 126(2), 132, 191(2), 191(3), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • false implication
  • video evidence
  • assault on police
  • Section 482
  • bail conditions
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87214 of 2025
                   Arising Out of PS. Case No.-189 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
           1.     Mintu Yadav @ Mitnu Kumar Yadav S/O Shambhu Ray R/O Village-
                  Harpurnag, P.S- Mehsi, Distt.- East Champaran.
           2.    Pankaj Kumar S/O Dhorai Sah R/O Village- Harpurnag, P.S- Mehsi, Distt.-
                 East Champaran.
           3.    Jitendar Kumar @ Jogari @ Jitendar Chaudhary @ Jitendar S/O Lalan
                 Chaudhary R/O Village- Harpurnag, P.S- Mehsi, Distt.- East Champaran.
           4.    Nitesh Kumar Sharma S/O Navin Kumar Sharma R/O Village- Harpurnag,
                 P.S- Mehsi, Distt.- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                      1. Heard learned counsel for the petitioners and the

                   learned APP for the State, Mr. Rabindra Kumar.

                                    2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   191(3), 126(2), 115(2), 132, 125, 109, 121(1), 352 and 351(2) of

                   B.N.S., 2023.

                                      3. Learned counsel appearing on behalf of the

                   petitioners submits that petitioner nos. 1 and 3 have antecedent

                   of one case and petitioner nos. 2 and 4 are persons with clean

                   antecedent and the informant alleges that a woman died on
Patna High Court CR. MISC. No.87214 of 2025(2) dt.18-02-2026
                                            2/3




          account of an accident committed by an unknown car, as such,

          accused persons started creating ruckus and jammed the N.H.,

          accordingly, the police force reached when the accused persons

          assaulted the S.I. who was injured but the situation was brought

          under control, further the accused persons including the

          petitioners      were      identified      by        Chowkidar   and   local

          representative from the video footage.

                            4. Learned counsel appearing on behalf of the

          petitioners submits that petitioners have been falsely implicated

          in the instant case by the informant. It is next submitted that no

          doubt the petitioners came to be identified based on video

          footage but then the petitioners live adjacent to the place of

          occurrence and when ruckus was being created by the villagers,

          the petitioners out of inquisitiveness came to the place of

          occurrence and thus were videographed. It is next submitted that

          it is not the case of the prosecution that petitioners in the video

          footage were found assaulting the S.I.

                          5. The learned APP for the State opposes the

          anticipatory bail application.

                          6. Considering the submissions made by the learned

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

          event of their arrest or surrender within a period of six weeks
            Patna High Court CR. MISC. No.87214 of 2025(2) dt.18-02-2026
                                                        3/3




                      from today, be released on anticipatory bail on furnishing bail

                      bond 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 Chakia P.S. Case No. 189 of 2025, subject to

                      the conditions as laid down under Section 482(2) of the

                      B.N.S.S.

                                     7. Accordingly, the instant anticipatory bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.