Patna High Court
Antu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482 of the BNSS.
Summary
The petitioner, Antu Yadav, sought anticipatory bail in connection with a case alleging assault on an informant under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, armed with an axe, struck the informant's left finger while a co‑accused, armed with a sword, struck her head. The petitioner contended that he was falsely implicated to settle a personal score, that the injury was minor, and that the co‑accused had already been granted bail. The State opposed the bail. The Court, applying Section 482 of the BNSS, directed that the petitioner be released on bail upon arrest or surrender, subject to a cash bond, sureties, and specific conditions, noting that the order’s observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bharatiya Nyaya Sanhita despite the alleged assault charges.
- Whether the nature of the alleged injury and the fact that a co‑accused has already been granted bail influence the decision on anticipatory bail.
- Whether the petitioner’s claim of false implication and clean antecedent warrant the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10172 of 2026
Arising Out of PS. Case No.-349 Year-2025 Thana- KHAIRA District- Jamui
======================================================
Antu Yadav S/o Late Baiju Yadav R/o vill - Kewal Fariyata, P.S.- Khaira,
Distt.- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Ms. Madhvi Kumari, Advocate
Ms. Aadya Dipti, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Khaira P.S. Case No. 349 of 2025 instituted
for the offences punishable under Sections 126(2), 115(2),
109(1), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.
3. The prosecution case is to the effect that the
petitioner and others had assaulted the informant. It is
specifically alleged that co-accused Narendra Yadav armed with
sword had hit the informant on her head while the petitioner
armed with axe had hit on her left finger.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and no such occurrence,
Patna High Court CR. MISC. No.10172 of 2026(2) dt.25-02-2026
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as alleged, has occurred. It has been submitted that only to
implicate the petitioner, who happens to be an old man and own
brother of the father of the informant, and to settle personal
score, he has also been implicated. It has further been submitted
that the injuries admittedly was sustained on the left finger
which is not on vital part of the body and moreover co-accused
Narendra Yadav, who is said to have assaulted on the head, has
been granted bail by a coordinate Bench of this Court vide order
dated 15.01.2026 passed in Cr. Misc. No. 88746 of 2025. Lastly,
it has been submitted that the petitioner has clean antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Jamui in
connection with Khaira P.S. Case No. 349 of 2025, subject to
the conditions as laid down under Section 482 of the BNSS and
subject to the following conditions:-
(i) One of the bailors will be a
Patna High Court CR. MISC. No.10172 of 2026(2) dt.25-02-2026
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close relative of the petitioner and the other
shall be a local resident:
(ii) the petitioner will remain
present on each and every date fixed by the
Court below, if so required by the learned
Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms
of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court
concerned;
(iv) the Court below shall verify
the criminal antecedent of the petitioner and
in case at any stage, it is found that the
petitioner has concealed his criminal
antecedent, the court below shall take step
for cancellation of bail bonds of the
petitioner. However, the acceptance of bail
bonds in terms of the above mentioned order
shall not be delayed for purpose of the same
on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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