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Patna High Court

Arvind YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to specified conditions.

Summary

Arvind Yadav and Pramod Yadav sought anticipatory bail fearing arrest in a case (Biraul PS No.396 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and rioting. The prosecution alleged that petitioner No.1, on instructions of Rambilas Yadav, struck a person on a motorcycle and that both petitioners participated in a lathi assault. The petitioners contended that the allegations were false, citing an injury report that showed only a minor stitched wound and no serious injury, and argued that the charges against petitioner No.2 were vague. The State opposed bail, emphasizing the alleged assault and the petitioners' criminal antecedents. The court, after considering the nature of the injury and the submissions, granted anticipatory bail subject to stringent conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, including bail bonds, sureties, regular court appearances, and police monitoring.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
  • Whether the injury report and the nature of the alleged assault justify denial of anticipatory bail.
  • Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 B.N.S.S
  • assault
  • injury report
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11716 of 2026
                      Arising Out of PS. Case No.-396 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
           1.     Arvind Yadav, Son of Rambilas Yadav Resident of Village-Bhikhanauli, P.O-
                  Jagannathpure P.S-Biraul, District-Darbhanga Bihar
           2.    Pramod Yadav @ Pramod Kumar yadav @ Pravin Kumar Yadav, Son of
                 Rambilas Yadav Resident of Village-Bhikhanauli, P.O-Jagannathpure P.S-
                 Biraul, District-Darbhanga Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   25-02-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                 2. Petitioners apprehend their arrest in connection

                   with Biraul P.S. Case No.396 of 2025 registered for the offences

                   under Sections 329(3), 115(2), 126(2), 118(2), 303(2), 352,

                   351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                 3. The allegation as per the informant is that petitioner

                   no.1 on the instructions of one Rambilas Yadav, gave farsa blow

                   which hit the persons sitting behind the informant on the

                   motorcycle and hit him on his head. It is further alleged that all

                   the accused persons, including the other petitioner, had assaulted

                   with lathi.
Patna High Court CR. MISC. No.11716 of 2026(2) dt.25-02-2026
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                       4. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated in this case and no such

          incident as alleged had occurred. It has further been submitted

          that it is alleged that petitioner no.1 had assaulted one Amrendra

          Yadav on his head, however, from the injury report, which has

          been procured from DMCH, it would appear that there is only a

          stitched wound found on the left parietal region and as per the

          radiological examination, only mild scalp swelling over the

          parietal bone was found and there was no bony injury. It has

          next been submitted that there are no specific allegation of

          overact against the petitioner no.2 and rather the allegations are

          general and omnibus in nature. Learned counsel for the

          petitioners has referred to the same injury report of the injured

          Amrendra Yadav wherein apart from the said one injury, there is

          no reference to other injuries on the body of the injured. It has

          also been submitted that the informant has exaggerated the

          incident and has falsely implicated the petitioners. It has lastly

          been submitted that the petitioners carry three criminal

          antecedents.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail and has stated that the petitioners have

          assaulted one of the injured on the head.
Patna High Court CR. MISC. No.11716 of 2026(2) dt.25-02-2026
                                            3/4




                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties and

          looking at the nature of the injury, let the petitioners above

          named be released on anticipatory bail, in the event of arrest or

          surrender before the learned Court below within a period of four

          weeks from today, on furnishing bail bonds of Rs.10,000/-(ten

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

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Biraul P.S. Case

          No.396 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the petitioners shall be their
                          close relative.
                          (ii) The petitioners shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
                          violation of the terms of the bail, the bail bond of the
                          petitioners will be liable to be cancelled by the Court
                          concerned.
                          (iv) If the petitioners are found involved in similar
                          nature of offence in future, the prosecution shall be at
                          liberty to move for cancellation of their bail bond.
                          (v) The learned Court below shall verify the criminal
                          antecedent of the petitioners and in case at any stage it
              Patna High Court CR. MISC. No.11716 of 2026(2) dt.25-02-2026
                                                          4/4




                                        is found that the petitioners have concealed their
                                        criminal antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioners. However,
                                        the acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.
                                        (vi) In view of the antecedent of the petitioners, the
                                        petitioners     are     directed     to   appear   before   the
                                        Superintendent of Police, Darbhanga within fifteen
                                        days of their release with a copy of this order and every
                                        two weeks thereafter for the next nine months. The
                                        conduct of the petitioners will be kept under watch in
                                        this period by the Superintendent of Police concerned
                                        and if it is found wanting in any respect, a report shall
                                        be made to the Court concerned by him to initiate a
                                        proceeding for cancellation of bail for reasons of
                                        misuse of bail. After reporting to the Superintendent of
                                        Police, a certificate will be filed by the petitioners
                                        before the courts concerned.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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