Patna High Court

Shankar YadavversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Shankar Yadav sought anticipatory bail fearing arrest in a 2019 case (P.S. No. 76) involving multiple IPC offences including rioting, assault, attempt to murder and other serious charges. The FIR named 16 accused, alleging that Yadav struck the informant on the head with a lathi, causing only a minor injury. Counsel argued that the assault was a spontaneous, simple hurt with no repeated blows, no pre‑planning, and that Yadav has a clean criminal record. The State opposed the bail. Considering the minor nature of the injury, lack of premeditation and Yadav’s clean antecedent, the Court granted anticipatory bail subject to a Rs.20,000 bond and two sureties, under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the serious nature of the IPC offences alleged against him
Whether the facts (simple injury, lack of pre‑planning, clean antecedent) justify granting bail

Legislation cited

BNSS — s. 482(2)
Indian Penal Code — s. 147, 149, 307, 323, 341, 354B, 379, 504, 506

Subjects

anticipatory bail
Indian Penal Code
simple hurt
criminal antecedent
Section 482
BNSS
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11103 of 2026
                      Arising Out of PS. Case No.-76 Year-2019 Thana- PIPRIYA District- Lakhisarai
                 ======================================================
                 Shankar Yadav, S/o Late Khalo Yadav @ Late Ram Padarth Yadav R/o
                 Village - Dih Pipariya, P.S - Pipariya, District - Lakhisarai... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajive Ranjan Singh, Adv.
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   26-02-2026                                Heard the parties.

                                   2.    The petitioner apprehends his arrest in

                   connection with Pipariya P.S. Case No. 76 of 2019 registered for

                   the offences punishable under sections 147, 149, 341, 323, 307,

                   379, 354B, 504 and 506 of the Indian Penal Code.

                                   3. Learned counsel for the petitioner submits that

                   the FIR has been registered against 16 accused persons

                   including the petitioner, though the petitioner is alleged to have

                   assaulted at the head of the informant by means of lathi but

                   there is no allegation of repeated blows by the said means on the

                   body of the informant by this petitioner and further, on the head

                   of the informant, a very simple injury in the size of ½ X ¼ inch

                   was found, which has been opined to be simple in nature. It is

                   further submitted that the genesis of the occurrence mentioned

                   in the FIR clearly shows that the alleged incident was not

                   preplanned and the same took place in the spur of moment and
             Patna High Court CR. MISC. No.11103 of 2026(2) dt.26-02-2026
                                                         2/2




                       the alleged occurrence relates to simple marpit. It is lastly

                       submitted that the petitioner bears no criminal antecedent.

                                       4. Learned APP for the State has opposed the

                       prayer of the petitioner.

                                      5. In the facts and circumstances of this case,

                       considering the aforesaid submissions, the pleas taken by the

                       petitioner in this petition, coupled with petitioner’s fair and

                       clean antecedent, the nature of injuries to the informant as well

                       as the genesis of the occurrence, this Court is inclined to grant

                       the relief of anticipatory bail to the petitioner. Accordingly, let

                       the petitioner named-above, in the event of his arrest or

                       surrender before the learned Court below within a period of six

                       weeks from today, be released on anticipatory bail on furnishing

                       bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                       sureties of the like amount each to the satisfaction of the Court

                       concerned in connection with Pipariya P.S. Case No. 76 of 2019,

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

                       the BNSS.



                                                 (Shailendra Singh, J)
annu/-

U        T

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