Patna High Court
Rajesh Kumar Yadav @ Rajesh Yadav @ Brajesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115, 117, 118(1), 126(2), 191, 352, 482(2), 61(2)
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
2/3
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/-
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