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Patna High Court

Anil YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                                 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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