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Patna High Court

Arvind Yadav @ Aravind YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to a bail bond and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Summary

The petitioners, Arvind Yadav, Sambhu Yadav and Ramashish Yadav, sought anticipatory bail fearing arrest in a case (Mehus P.S. Case No. 54 of 2025) alleging assault and firing of a pistol under several sections of the Bhartiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that the accused assaulted an informant’s family and one of them fired a pistol with intent to kill. The petitioners contended that the injuries did not substantiate the allegations, that the case was a counter‑blast to a co‑accused’s case, and that there were no specific overt acts attributed to them; they also highlighted their clean antecedent. The State opposed the bail. After hearing both sides, the Court observed the lack of specific allegations and the petitioners’ clean record, and ordered that they be released on bail if arrested, subject to a bond of Rs. 10,000 with two sureties and several conditions under Section 482(2) of the B.N.S.S. The order effectively granted anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under the Bhartiya Nyaya Sanhita and the Arms Act
  • Whether the prosecution has made a specific allegation of an overt act against the petitioners

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • firearms
  • Section 482
  • Bhartiya Nyaya Sanhita
  • Arms Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11853 of 2026
                      Arising Out of PS. Case No.-54 Year-2025 Thana- MEHUSH District- Sheikhpura
                 ======================================================
           1.     Arvind Yadav @ Aravind Yadav S/O Ramashish Yadav Village- Mayo, Post
                  Office- Mayo, P.s.- Mehus, District- Sheikhpura
           2.    Sambhu Yadav @ Shambhu Yadav S/O Ramashish Yadav Village- Mayo,
                 Post Office- Mayo, P.s.- Mehus, District- Sheikhpura
           3.     Ramashish Yadav S/O Late Siya Yadav Village- Mayo, Post Office- Mayo,
                  P.s.- Mehus, District- Sheikhpura
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bipin Kumar, Adv.
                 For the Opposite Party/s :       Ms.Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER
2   25-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2. The petitioners are apprehending their arrest in

                   connection with Mehus P.S. Case No. 54 of 2025 dated

                   06.11.2025 registered for the offence punishable under Sections

                   126(2), 115(2), 352, 351(2), 109 and 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023 and Section 27 of the Arms Act.

                           3. As per prosecution case, the accused persons allegedly

                   abused and assaulted the informant and his family members over

                   a previous dispute, causing injuries to Puja Devi, Pinki Devi and

                   Mamta Devi, while one of the accused allegedly fired from a

                   pistol with intent to kill, after which the injured were taken for

                   treatment.
Patna High Court CR. MISC. No.11853 of 2026(2) dt.25-02-2026
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                  4. Learned counsel for the petitioners submits that the

          nature of injury does not corroborate the allegations leveled

          against the petitioners. The instant case has been filed as a

          counter blast to the case filed by the co-accused Pintu Yadav

          being Mehus P.S. Case No. 53 of 2025. It is next submitted that

          there is no specific or direct allegation of overt act against the

          petitioners rather the same is general and omnibus in nature. The

          petitioners are men of means and they are ready to abide by the

          terms and conditions imposed in this case, in case the benefit of

          privilege of anticipatory bail is extended to them. The petitioners

          undertake that in future they would not indulge themselves in

          similar type of offences. It is lastly submitted that the petitioners

          are persons of clean antecedent.

                  5. On the other hand, the learned APP for the State has

          opposed the prayer for bail of the petitioners.

                  6. Having heard learned counsel for the petitioners and

          considering that there is a case and counter case between the

          parties, there being no specific or direct allegation of any overt

          act against the petitioners as also the petitioners having no

          criminal antecedent, let the above named petitioners, be released

          on bail, in the event of their 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) each
              Patna High Court CR. MISC. No.11853 of 2026(2) dt.25-02-2026
                                                           3/3




                        with two sureties of the like amount each to the satisfaction of

                        the learned Additional Chief Judicial Magistrate, 1 st Sheikhpura

                        in connection with Mehus P.S. Case No. 54 of 2025, subject to

                        the conditions as laid down under Section 482(2) of the B.N.S.S.

                        as well as the following 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 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)
rishi/-

U         T


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