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Patna High Court

Harendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to prescribed conditions.

Summary

The petitioner, Harendra Yadav, applied for anticipatory bail in connection with FIR No. 395 of 2025 alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with another accused, assaulted an informant and his family members, causing injuries and theft of jewellery. The petitioner contended that the injury report did not substantiate the FIR allegations, that the allegations were vague, and that he had no prior criminal record. The State opposed the bail, arguing the seriousness of the alleged offences. The Court, noting the lack of specific evidence, the petitioner’s clean record, and the general nature of the allegations, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC/Section 482 BNS in view of the allegations.
  • Whether the FIR and injury report provide sufficient material to deny bail.
  • Whether the petitioner’s lack of prior criminal antecedent warrants the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure
  • Section 438
  • Section 482
  • bail conditions
  • no prior criminal record
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11536 of 2026
                        Arising Out of PS. Case No.-395 Year-2025 Thana- BIHIA District- Bhojpur
                 ======================================================
                 Harendra Yadav S/O Kamala Yadav Resident of Village- Kateyan, P.S.-
                 Bihiya (Bihiyan), District- Bhojpur.
                                                                     ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh
                 For the Opposite Party/s :       Mr.Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   01-04-2026                      Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Bihiya P.S. Case No. 395 of 2025, F.I.R dated

                   23.10.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 109(1), 303(2), 351(2), 352, 3(5) of

                   Bharatiya Nyaya Sanhita, 2023.

                               3.    According to prosecution case, the informant,

                   Bihari Yadav, lodged a written report on 22.10.2025 alleging

                   that due to a prior dispute, the accused Harender Yadav and

                   Ramesh Yadav came to his house in an intoxicated state, abused

                   him, and later returned armed with an iron rod. When the

                   informant’s father came out, they allegedly assaulted him with

                   intent to kill, causing serious head injuries. Subsequently, other

                   accused persons arrived with sticks and rods, assaulted the
Patna High Court CR. MISC. No.11536 of 2026(3) dt.01-04-2026
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          informant’s sister-in-law Arti Devi, and snatched her gold

          ornament. The victims were rescued by villagers and taken for

          medical treatment.

                      4. Learned counsel for the petitioner submits that the

          allegation of assault has been made against Harendar Yadav and

          Ramesh Yadav, who are said to have assaulted the informant.

          However, the injury report does not corroborate the allegations

          levelled in the FIR, and the allegations are general and omnibus

          in nature. The petitioner, however, undertakes not to indulge in

          any such incident in future; however, if upon examination he is

          found to be involved and the allegations against him are true,

          the police or the informant shall be at liberty to take appropriate

          steps for cancellation of bail.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          and the petitioner has no criminal antecedent and there is

          nothing specific against this petitioner and injury does not

          support the allegations. Accordingly, this Court is inclined to

          grant the privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten
           Patna High Court CR. MISC. No.11536 of 2026(3) dt.01-04-2026
                                                       3/3




                     Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned C.J.M. Bhojpur at Ara in connection

                     with Bihiya P.S. Case No. 395 of 2025, subject to the conditions

                     as laid down under Section 438(2) of the Code of Criminal

                     Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative of the petitioner(s) who shall provide official

                     document 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)
abhishekkr/-

U      T


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