Patna High Court
Anil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner on condition of a Rs. 10,000 bond and two sureties.
Summary
Anil Yadav was arrested in connection with a violent incident alleged to have occurred on 22 March 2025, wherein he allegedly assaulted an informant with a sword and was implicated in several offences under the Bharatiya Nyaya Sanhita. The petitioner, claiming a clean record and asserting that he was falsely implicated due to a neighbourly dispute, applied for regular bail. Counsel highlighted inconsistencies in the injury description and argued that the alleged assault was not repeated and that the petitioner would not abscond. The State opposed the bail, emphasizing the seriousness of the charges. The court, after considering the petitioner's antecedents and the arguments regarding false implication, ordered his release on bail with a bond of Rs. 10,000 and two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the case.
Issues considered
- Whether bail should be granted to the petitioner in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita, considering his claim of false implication and clean antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351, 352(2), 74
Subjects
- bail
- criminal procedure
- assault with weapon
- false implication
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11297 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- NEMDARGANJ District- Nawada
======================================================
Anil Yadav Son of Lakhan Yadav Resident of village - Teyar, P.S.-
Nemdarganj, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Nayan
For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 126(2), 115(2), 109, 74, 303(2),
351, 352(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is in custody since
17-12-2025 and the informant alleges that on 22.03.2025 at around 7
A.M. he was at his home when he heard an alarm of Gudiya Devi,
accordingly he came and saw that Rahul had caught hold of her and
when he objected, Anil assaulted the informant on his head by sword
causing injury, thereafter Lakhan assaulted his brother Kirshna
Mohan by sword on head, while Antarwa Devi snatched golden chain
from Gudiya Devi.
Patna High Court CR. MISC. No.11297 of 2026(2) dt.10-04-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant on account of dispute relating to passage. It is next
submitted that the petitioner’s side and the informant are neighbours.
It is further submitted that petitioner is alleged to have assaulted the
informant by sword causing injury on head, but then the wound is
lacerated as such it appears that it was caused by hard and blunt
substance. It is also submitted that even presuming what has been
alleged to be true without admitting then the blow is not alleged to be
repeated and petitioner is not a criminal. It is next submitted that if
privilege of regular bail is granted to the petitioner, the petitioner will
not abscond rather will co-operate in the trial to prove his innocence.
5. Learned A.P.P. for the State vehemently opposes the
prayer for bail of the petitioner.
6. Considering the submission made by learned counsel
for the petitioner, let the petitioner above named be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) 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 Nemdarganj P.S. Case No.93/2025.
(Satyavrat Verma, J)
Sumit/-
U T
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