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Patna High Court

Subhit Yadav @ Sudhir Yadav @ Sumit YadavversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioners, subject to conditions, as the application satisfied the requirements of Section 438(2) of the CrPC.

Summary

The petitioners, a group of Yadav family members residing in Chaiti village, were implicated in an assault case (PS Belhar Case No.73 of 2025) involving multiple offences under the B.N.S., 2023. They filed an application for anticipatory bail under Section 438(2) of the Code of Criminal Procedure, fearing arrest. The State opposed the bail, citing the seriousness of the charges, which included sections relating to assault, causing grievous injury, and other offences. The Court examined the allegations and, noting the lack of detailed evidence against the petitioners at the stage of the application, decided to grant anticipatory bail. The bail was conditioned on the petitioners surrendering within six weeks, furnishing a bail bond of Rs.10,000 with two sureties, and complying with any further conditions imposed by the lower court. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under Section 438(2) of the CrPC in light of the alleged offences under the B.N.S., 2023?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure Code
  • assault
  • B.N.S. 2023
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11752 of 2026
                        Arising Out of PS. Case No.-73 Year-2025 Thana- BELHAR District- Banka

                 ======================================================
           1.     Subhit Yadav @ Sudhir Yadav @ Sumit Yadav S/O Late Hari Yadav.
           2.    Kanchan Devi W/O Indradev Yadav.
           3.    Chhotu Kumar @ Chhotu Yadav S/O Subhit Yadav @ Sudhir Yadav @
                 Sumit Yadav.
           4.    Dhananjay Yadav S/O Subhit Yadav @ Sudhir Yadav @ Sumit Yadav.
           5.    Chhotu Kumar @ Chhotu Yadav S/O Late Shivan Yadav @ Shival Yadav @
                 Shivam Yadav.
           6.    Kailu Yadav S/O Late Jago Yadav.
                        All are resident of village- Chaiti, Police Station- Belhar, District-
                 Banka.

                                                                                   ... ... Petitioners
                                                         Versus
                 The state of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners        :        Mr. Balram Kapri, Advocate
                 For the State              :        Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the parties.

                                       2.       This application for anticipatory bail arises

                   out of Belhar P.S. Case No.73 of 2025 for the offence

                   punishable under Sections 126(2), 115(2), 118(1), 109, 74,

                   324(2), 352, 351(2) and 3(5) of the B.N.S., 2023.

                                       3.       The petitioners are said to have assaulted the

                   victim.

                                       4.       There is general and omnibus allegation

                   against these petitioners of causing injury to the victim.
              Patna High Court CR. MISC. No.11752 of 2026(2) dt.24-02-2026
                                                          2/2




                                        5.      Considering         the      aforesaid   facts,   this

                        application is allowed.

                                        6.      Let the petitioners, above named, in the

                        event of their arrest/surrender within six weeks from today in

                        the Court below, be released on bail on furnishing bail bond of

                        Rs. 10,000/- (Ten Thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned Chief Judicial

                        Magistrate, Banka / concerned Court below, in connection with

                        Belhar P.S. Case No.73 of 2025, subject to the conditions as laid

                        down under Section 438(2) of the Code of Criminal Procedure.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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