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Patna High Court

Sanjay YadavversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to petitioners 1‑5 and denied it to petitioner 6.

Summary

The petitioners, six members of the Yadav family, sought anticipatory bail fearing arrest in connection with FIR No. 432 of 2025 filed under multiple sections of the B.N.S., 2023, alleging they attacked an informant with a lathi and iron rod, causing injury and assaulting her husband and son. They contended that they were falsely implicated due to a business rivalry with the informant's husband and that the allegations against them were vague and omnibus. The court noted that petitioner No. 6, Anil Kumar Yadav, has a history of seven criminal antecedents and a direct rivalry, and therefore denied him anticipatory bail. For petitioners Nos. 1 to 5, the court found the allegations to be general and not specific, and consequently granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023. The order directs that the bail be effected within four weeks of the judgment if they are arrested or surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the provisions of the B.N.S., 2023 in view of the allegations in FIR No. 432 of 2025.
  • Whether the presence of prior criminal antecedents and business rivalry justifies denial of anticipatory bail to petitioner No. 6.

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 351(2), 352, 482(2), 74

Subjects

  • anticipatory bail
  • criminal procedure
  • business rivalry
  • false implication
  • B.N.S. 2023
  • assault
  • attempt to murder
  • bail bond conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12383 of 2026
                          Arising Out of PS. Case No.-432 Year-2025 Thana- Arwal District- Arwal
                 ======================================================
           1.     Sanjay Yadav son of Ram Ayodhya Yadav Resident of village- Nyaj Hussain
                  Bigha, Ps and Dist- Arwal
           2.    Upendra yadav Son of Ram Ayodhya Yadav Resident of village- Nyaj
                 Hussain Bigha, Ps and Dist- Arwal
           3.    Om Prakash Yadav Son of Anil Kumar Yadav Resident of village- Nyaj
                 Hussain Bigha, Ps and Dist- Arwal
           4.    Pappu Prakash yadav @ Pappu Prakash Son of Anil Kumar Yadav Resident
                 of village- Nyaj Hussain Bigha, Ps and Dist- Arwal
           5.    Chinta Devi Wife of Anil Kumar yadav Resident of village- Nyaj Hussain
                 Bigha, Ps and Dist- Arwal
           6.    Anil Kumar Yadav Son of Nand Kumar @ Babuni Resident of village- Nyaj
                 Hussain Bigha, Ps and Dist- Arwal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arvind Kumar Sinha
                 For the Opposite Party/s :        Mr.Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   30-04-2026                  1. Heard the parties.

                                2. The petitioners apprehend their arrest in connection

                   with Arwal P.S. Case No. 432 of 2025 dated 29.11.2025

                   registered under Section 191(2), 190, 109, 126(2), 115(2),

                   118(1), 117(2), 74, 352, 351(2) of the B.N.S., 2023.

                                3. As per the F.I.R. on 29.11.2025 at 02:00 P.M. the

                   F.I.R. named accused persons including the petitioners, having

                   ‘lathi’ and iron rod in their hands, attacked upon the informant
Patna High Court CR. MISC. No.12383 of 2026(3) dt.30-04-2026
                                            2/3




          with intention to kill. In the occurrence the informant sustained

          injury on her head and blood started oozing out. The accused

          persons also assaulted the husband of the informant and her

          younger son who came there for her rescue.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have falsely been implicated in

          this case due to business rivalry. He further submits that no

          specific allegation has been attributed to the petitioners rather

          the allegations are general and omnibus in nature. The instant

          case is a counter blast to the case filed by the petitioner no. 5-

          Chinta Devi against the husband of the informant and others

          bearing Arwal P.S. Case No. 431 of 2025 (Annexure-P/2) for an

          occurrence which has taken place on the same date and time.

                       5. Considering the allegations made in the F.I.R. and

          the fact that there was business rivalry between Anil Kumar

          Yadav (petitioner no. 6) and the husband of the informant and

          Anil Kumar Yadav is having seven criminal antecedent, I am not

          inclined to grant anticipatory bail to the petitioner no. 6- Anil

          Kumar Yadav. The same is rejected.

                       6. Regard being had to the submission made by the

          parties and taking into consideration the fact that there is general

          and omnibus allegation against the rest of the petitioners, as
               Patna High Court CR. MISC. No.12383 of 2026(3) dt.30-04-2026
                                                           3/3




                         such, I am inclined to grant anticipatory bail to the petitioner

                         nos. 1 to 5.

                                      7. Let the petitioner nos. 1 to 5, above named, be

                         released on anticipatory bail in the event of arrest or surrender

                         before the court below within a period of four weeks from today

                         on furnishing bail bond of Rs. 10,000/- (rupees ten thousand)

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

                         of learned Chief Judicial Magistrate, Arwal in connection with

                         Arwal P.S. Case No. 432 of 2025 subject to the condition as laid

                         down under Section 482 (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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