Patna High Court
Guddu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Guddu Yadav filed an anticipatory bail application in Criminal Miscellaneous No.12776 of 2026 arising from PS case No.398 of 2025, Dhanaha, West Champaran. He feared arrest for offences under Sections 190, 191(2), 329(3), 329(4), 126(2), 115(2), 118(1), 109(1), 352 and 303(2) of the Bharatiya Nyaya Sanhita, alleged to involve assault on an informant and her daughter with a farsa. The prosecution contended that the petitioner committed the assault, while the petitioner claimed innocence, asserting that any injury caused was simple and that the case was a counter‑case. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the nature of the accusation, the extent of injury and the counter‑case, granted anticipatory bail, directing that if arrested within eight weeks the petitioner 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.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the alleged offences under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bharatiya Nyaya Sanhita — s. 109, 115, 118, 126, 190, 191, 303, 329, 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12776 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
Guddu Yadav S/o Rameshwar Yadav R/o Village - Khotahawa, Police Station
- Dhanaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 190, 191(2), 329(3),
329(4), 126(2), 115(2), 118(1), 109(1), 352, 303(2) of the
Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that assaulted
informant and her daughter with farsa.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by the petitioner is simple in nature. Case and
counter case.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation, injury and case
Patna High Court CR. MISC. No.12776 of 2026(2) dt.24-02-2026
2/2
and counter case, 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 Judicial Magistrate, 1st Class,
Bagaha, West Champaran in connection with Dhanaha P. S.
Case No. 398 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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