Patna High Court
Arvind YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
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.
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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
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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/-
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