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Patna High Court

Rajesh Kumar Yadav @ Rajesh Yadav @ Brajesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Petitioner Rajesh Kumar Yadav sought anticipatory bail fearing arrest in a case (Roshanganj P.S. Case No.152 of 2025) alleging assault, robbery and other offences under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioner and four others attacked the informant's husband with weapons and stole Rs.1,25,000. The petitioner contended that he was falsely implicated, that the dispute was a petty land issue between agnates, that the injury was simple, and that there was no specific allegation against him; he also highlighted his clean antecedent and that co‑accused had already been granted anticipatory bail. The State opposed the bail. The Court, after considering the clean antecedent, the nature of the allegations and the precedent of bail to co‑accused, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the allegations.
  • Whether the clean antecedent of the petitioner and the grant of anticipatory bail to co‑accused justify granting bail to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • false implication
  • clean antecedent
  • assault
  • robbery
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13697 of 2026
                     Arising Out of PS. Case No.-152 Year-2025 Thana- ROSHANGANJ District- Gaya
                 ======================================================
                 Rajesh Kumar Yadav @ Rajesh Yadav @ Brajesh Yadav Son of Sita Ram
                 Yadav Resident Of Village - Fatehpur, P.S.- Roshanganj, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Javed Jafar Khan, Advocate.
                 For the Opposite Party/s :      Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   06-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Roshanganj P.S. Case No.152 of 2025 instituted under

                   Sections 191, 126(2), 115, 118(1), 117, 109, 61(2), 352 of the

                   B.N.S., 2023.

                                3. As per the prosecution case, the informant has

                   alleged that all the five named accused persons including the

                   petitioner have assaulted her husband by means of iron rod,

                   sharp cutting weapons and a tangi. It is further alleged that they

                   broke the hand of the informant’s husband and caused injury to

                   his head, due to which he was seriously injured. It is further

                   alleged that accused persons have snatched Rs.1,25,000/- from

                   the informant.
Patna High Court CR. MISC. No.13697 of 2026(3) dt.06-05-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. He further submits that both the parties are agnates to each

          other and on account of petty land dispute, a scuffle took place

          between the parties. Learned counsel submits that the injury to

          the injured is simple in nature. He further submits that there is

          no specific allegation of assault against the petitioner. Learned

          counsel submits that similarly situated co-accused persons,

          namely, Shyam Bihari Kumar and Raj Kumar Prasad @ Raj

          Kumar Yadav have already been granted anticipatory bail by the

          Co-ordinate Bench of this Court vide order dated 29.04.2026

          passed in Cr. Misc. No.13630 of 2026. He further submits that

          petitioner has got clean antecedent and he undertakes to

          cooperate in the investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties, the nature

          of allegation leveled against the petitioner and his clean

          antecedent as well as the fact that similarly situated co-accused

          persons have already been granted anticipatory bail, in the event

          of arrest or surrender before the Court below within six weeks
              Patna High Court CR. MISC. No.13697 of 2026(3) dt.06-05-2026
                                                          3/3




                        from today, the petitioner be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

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

                        learned Judicial Magistrate, 1st Class, Sherghati, District Gaya/

                        concerned Court in connection with Roshanganj P.S. Case

                        No.152 of 2025, subject to the conditions laid down in Section

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



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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