Patna High Court

Awadhesh YadavversusThe State of Bihar

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

Holding

Anticipatory bail was granted to the petitioners.

Summary

The petitioners, Awadhesh Yadav and Rajkumar Yadav, filed an anticipatory bail application fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita. The FIR alleged that petitioner No.1, along with ten others, assaulted an informant with a lathi, and petitioner No.2 assaulted Guru Sahay Yadav with a tangi. The petitioners contended they were innocent, the allegation against petitioner No.1 was vague and general, and the injury caused by petitioner No.2 was simple, emphasizing their clean antecedent. The State opposed the bail, arguing the seriousness of the offences. Considering the nature of the accusations, the minor injury, and the petitioners’ clean record, the Court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present case
Whether the allegations in the FIR constitute a specific overt act sufficient to deny bail
Whether the petitioners’ clean antecedent and the nature of alleged injury warrant the grant of anticipatory bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 110, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12778 of 2026
                         Arising Out of PS. Case No.-274 Year-2025 Thana- SONO District- Jamui
                 ======================================================
           1.     Awadhesh Yadav Son of Rajkumar Yadav @ Kumbar Yadav Resident of
                  Village -Kasoy, Police Station -Sono, District -Jamui
           2.    Rajkumar Yadav @ Kumbar yadav Son of Mangar Yadav Resident of
                 Village -Kasoy, Police Station -Sono, District -Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Sinha, Advocate
                 For the Opposite Party/s :       Md. Ataur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 352,

                   351(2), 117(2), 110, 118(1), 74, 303(2), 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                3. As per F.I.R., petitioner no. 1 along with 10 other

                   named accused persons assaulted informant with lathi and

                   petitioner no. 2 assaulted on the head of Guru Sahay Yadav with

                   tangi.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence.
              Patna High Court CR. MISC. No.12778 of 2026(2) dt.24-02-2026
                                                          2/2




                        Allegation of assault against petitioner no. 1 is general and

                        omnibus and there is no allegation of any specific overt act

                        against him. Injury, allegedly, caused by petitioner no. 2 is

                        simple in nature. Case and counter case. Petitioners claim clean

                        antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation, injury and

                        clean antecedent, this anticipatory bail is allowed and it is

                        ordered that let the above named petitioners in the event of their

                        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) each with two sureties of the like

                        amount each to the satisfaction of Chief Judicial Magistrate,

                        Jamui in connection with Sono P. S. Case No. 274 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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Lawyer court records for this case

Associated through the court’s case reference.

Pankaj Kumar Sinha