Patna High Court
Rohit Kumar @ Rohit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Rohit Kumar Yadav, sought anticipatory bail fearing arrest in a case (PS Barhat Case No. 158 of 2025) involving multiple offences under the Bihar Negotiable S... Act, 2023. The FIR alleged that a dispute over a DJ set led to a group assault, during which the petitioner’s relatives were attacked and property stolen, but no specific allegation of assault was made against the petitioner himself. The petitioner, who has a clean antecedent, assured cooperation with the investigation and argued that he would not abscond. The State opposed the bail, contending the seriousness of the offences. The Court, noting the absence of a direct allegation against the petitioner and his clean record, granted anticipatory bail subject to a Rs.10,000 bond, two sureties of equal amount, and compliance with conditions under Section 482(2) of the BNSS. The order releases the petitioner from arrest for six weeks, pending surrender or arrest.
Issues considered
- Whether anticipatory bail can be granted in the absence of a specific allegation against the petitioner under Section 482(2) of the BNSS.
- Whether the petitioner’s clean antecedent and willingness to cooperate justify bail despite the seriousness of the offences listed in the FIR.
Subjects
- anticipatory bail
- Section 482
- clean antecedent
- FIR
- assault
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11859 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- BARHAT District- Jamui
======================================================
Rohit Kumar @ Rohit Kumar Yadav Son of Shiv Shankar Yadav R/o Village -
Bhaluka, P.S.- Barhat, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Ms. Aadya Dipti, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 126(2), 115(2), 117(2), 303(2), 109, 324(6), 331(1), 352
and 351(2) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 28.10.2025 at about 05:30 PM his villager Golu
took his DJ set for idol immersion on the eve of Chhath Puja
and insisted on playing political songs near his house, but the
same was objected, as such, the accused persons including the
petitioner got angry and thereafter the accused persons entered
Patna High Court CR. MISC. No.11859 of 2026(2) dt.24-02-2026
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his house and assaulted his mother and sister with deadly
weapons, further Mukesh assaulted his brother Sajan by an iron
rod causing injury on head, thereafter Krishna assaulted with
stick causing injury on hand and Shivshankar assaulted
Rampravesh on account of which he fell and Mukesh broke the
window of the car and snatched Rs. 2,000/- from his pocket.
4. Learned counsel for the petitioner submits that
from perusal of the allegation as alleged in the FIR, it would
manifest that no specific allegation of assault is alleged against
the petitioner. It is also submitted that petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact
that petitioner is a person with clean antecedent and no specific
allegation of assault is alleged against him, the petitioner above-
named, in the event of his arrest or surrender within a period of
six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.11859 of 2026(2) dt.24-02-2026
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the learned trial court where the case is pending/successor court
in connection with Barhat P.S. Case No. 158 of 2025 subject to
the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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