Patna High Court

Nagendra Yadav @ Nagendra Kumar Yadav @ Nagendra Kumar SinghversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified.

Summary

The petitioner, Nagendra Yadav, was implicated in an FIR alleging assault on the informant's brother with an iron rod and knife, invoking sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita. He contended that the allegation was vague, he had no specific overt act attributed to him, and he possessed a clean antecedent. The State and the informant opposed his anticipatory bail. Considering the nature of the alleged injury, the lack of specific incriminating details, and the petitioner's clean record, the court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed the Sub‑Judge of Sasaram to enlarge bail upon surrender.

Issues considered

What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
Do the allegations in the FIR constitute a specific overt act sufficient to deny anticipatory bail?
Do the petitioner's clean antecedent and the nature of the alleged injury justify bail?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352

Subjects

anticipatory bail
assault
clean antecedent
bail bond
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12766 of 2026
                      Arising Out of PS. Case No.-78 Year-2025 Thana- PARSATHUA District- Rohtas
                 ======================================================
                 Nagendra Yadav @ Nagendra Kumar Yadav @ Nagendra Kumar Singh S/o
                 Bhorik Yadav @ Bhorik Singh Yadav Resident of Village- Sohsa, P.O.-
                 Barahutikala, P.S.- Parsathua, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Radha Mohan Singh, Advocate
                                                  Mr. Amit Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, A.P.P.
                 For the Informant        :       Ms. Sristi Kumari, Mr. Subhash Kr. Tiwari,
                                                  Mr. Sudhanshu Prakash, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioner, informant

                   and the State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   109(1), 352, 3(5) of the Bharatiya Nyaya Sanhita.

                                 3. As per F.I.R., this petitioner along with co-accused

                   Shivam Yadav assaulted brother of the informant by means of

                   iron rod and knife as a result of which, he sustained injury.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Allegation

                   of assault is general and omnibus and there is no allegation of

                   any specific overt act against petitioner. Doctor has found the
              Patna High Court CR. MISC. No.12766 of 2026(2) dt.24-02-2026
                                                          2/2




                        injury to be simple in nature. Case and counter case. Petitioner

                        claims clean antecedent.

                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering backdrop of the case, nature of

                        accusation, injury and clean antecedent, this anticipatory bail is

                        allowed and it is ordered that let the above named petitioner in

                        the event of his arrest/surrender before the court below within a

                        period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of Sub-Judge

                        8th, Sasaram, Rohtas in connection with Parsathua P. S. Case No.

                        78 of 2025, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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