Patna High Court
Sodhar Yadav @ Sudhar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court grants anticipatory bail to the petitioners with specified conditions.
Summary
The petitioners were named in an FIR dated 27‑05‑2025 for alleged assault on a woman and her eight‑year‑old daughter, involving offences under several sections of the Bharatiya Nyaya Sanhita, 2023. They sought anticipatory bail, claiming innocence, a four‑day delay in FIR registration, simple injuries and a clean antecedent. The State opposed the bail. The Court considered the delay, the nature of injuries and the petitioners’ clean record and decided to grant anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs release on a bail bond of Rs 10,000 with two sureties and imposes conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging serious offences
- Whether the four‑day delay in FIR registration and the petitioners’ clean antecedent justify bail
- Whether conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita are applicable
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 3(5), 351(2), 351(3), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- FIR delay
- assault
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12468 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- AMAS District- Gaya
======================================================
1. Sodhar Yadav @ Sudhar Yadav S/O Late Heman Yadav R/O Village-
Tetariya, P.S.- Amas, Dist.- Gaya
2. Rabindar Yadav @ Rabindar Kumar S/O Ajay Yadav R/O Village- Tetariya,
P.S.- Amas, Dist.- Gaya
3. Rajanti Devi W/O Kamlesh Yadav R/O Village- Tetariya, P.S.- Amas, Dist.-
Gaya
4. Gudiya Devi W/O Dinesh yadav R/O Village- Tetariya, P.S.- Amas, Dist.-
Gaya
5. Rajanti Devi W/O Ashok Yadav R/O Village- Tetariya, P.S.- Amas, Dist.-
Gaya
6. Kamlesh Yadav S/O Sadhar Yadav @ Sodhar Yadav R/O Village- Tetariya,
P.S.- Amas, Dist.- Gaya
7. Ashok Yadav S/O Dashrath Yadav R/O Village- Tetariya, P.S.- Amas, Dist.-
Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna High Court
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 26-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Amas P.S. Case No. 164 of 2025, F.I.R dated
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27.05.2025 registered for the offences punishable under
Sections 126(2), 115(2), 110, 352, 351(2), 351(3) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 27.05.2025
regarding an incident dated 23.05.2025, alleging that the
accused persons, armed with lathi, danda, and rod, came to her
house and assaulted her and her 8-year-old daughter, causing
head injuries. Both were taken to a nearby hospital and later
referred to a higher medical centre for better treatment.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have falsely been implicated in the
present case. It has next submitted that for an incident said to
have been taken place on 23.05.2025, the F.I.R., is registered
after a delay of about four days while the injuries, said to have
been sustained by the informant and his family members are
simple in nature and the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that there is delay of four days in registration of F.I.R. and the
petitioners have clean antecedent. Accordingly, this Court is
inclined to grant the privilege of anticipatory bail to the
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petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate 1st Class, Shergati at Gaya, in
connection with Amas P.S. Case No. 164 of 2025 , subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other 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 his/her/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;
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(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)
sharun/-
U T
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