Patna High Court
Prince YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Since no specific allegation of assault is attributed to the petitioner, bail is granted subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Prince Yadav, applied for bail in connection with a FIR alleging multiple offences under the Bharatiya Nyaya Sanhita, including assault and robbery. The FIR described an incident where the accused surrounded and attacked an informant and his brother, but the petitioner’s counsel argued that no specific assault was attributed to him and that he was falsely implicated. The State opposed the bail on the ground of the seriousness of the charges and the petitioner’s prior criminal antecedent. The Court examined whether the lack of specific allegation against the petitioner justified bail under Section 482(2) of the BNSS. Finding that the petitioner's involvement was not specifically linked to the injuries, the Court ordered bail with a bond of Rs.10,000 and several conditions. The bail order is subject to compliance with the conditions and the discretion of the trial court.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious charges.
- Whether any specific allegation of assault or injury is attributable to the petitioner.
- Whether the petitioner poses a risk of absconding, tampering with witnesses, or committing further offences.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(1), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- assault
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11395 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Prince Yadav Son of Basudeo Yadav Resident of Village - Sasamusa, P.S.-
Kuchaikote, District - Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Kuchaikote P.S. Case No.278 of 2025, dated
29.06.2025, registered for the offence punishable under Sections
126(2), 115(2), 118(1), 109, 352, 351(2), 117(1), 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the FIR, the accused persons surrounded
the informant and his brother, abused them, and attacked them
with knives and belts. Both the informant and his brother
sustained injuries, including serious knife wounds. On raising
alarm, the accused fled. The informant also stated that such
incidents had occurred earlier, affecting students’ studies.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.11395 of 2026(3) dt.01-04-2026
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the petitioner is innocent and has been falsely implicated in this
case. It is further submitted that though the petitioner was
allegedly carrying a knife, no injury has been caused to the
informant, nor has any act of assault upon his brother been
attributed to the petitioner. It is submitted that specific
allegations of assault, on account of which injuries are said to
have been caused to Sandeep Ram and Satyam Ram; however,
none of the said injuries have been attributed to the petitioner.
Lastly, it is submitted that the petitioner has one criminal
antecedent, in which he is already on bail.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that no specific allegation of
assault is attributed to the petitioner, let the above-named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, 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 Chief Judicial Magistrate,
Gopalganj/Successor Court in connection with Kuchaikote P.S.
Case No.278 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
Patna High Court CR. MISC. No.11395 of 2026(3) dt.01-04-2026
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conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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