Patna High Court

Vinod Yadav @ Vinod KumarversusThe State of Bihar

Decided: 27 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond and sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Vinod Yadav, sought anticipatory bail fearing arrest in a case involving offences under Sections 126(2), 115, 109, 303(2), 352, 351(2), 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that on 15 March 2025 the petitioner was present at the scene where co‑accused assaulted the husband of an informant, leading to the victim's death. The petitioner contended that the FIR only implicated co‑accused Pintu Yadav and Ajay Yadav in the assault and that there was no overt act attributable to him, noting that a similarly situated co‑accused had already been granted bail. The State opposed the anticipatory bail. The Court, after considering the facts, granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances.
Whether the allegations in the FIR constitute an overt act sufficient to deny bail.
Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to grant bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115, 126(2), 303(2), 3(5), 351(2), 352

Subjects

anticipatory bail
criminal procedure
Section 482
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
bail bond
co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14113 of 2026
                      Arising Out of PS. Case No.-116 Year-2025 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Vinod Yadav @ Vinod Kumar, Son of Lokan Yadav, Resident of Village-
                 Baradih, P.S.- Barachatti, District- Gaya Ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivendra Prasad, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 126(2), 115, 109,

                   303(2), 352, 351 (2), 103(1) and 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023.

                                   3. As per the prosecution case, on 15.03.2025, all

                   the FIR named accused persons including the petitioner in

                   drunken state, abused and badly assaulted husband of informant

                   as a result of which during the course of treatment, the husband

                   of informant died.

                                   4. Learned counsel for the petitioner submits that as

                   per F.I.R., it was co-accused Pintu Yadav and Ajay Yadav, who

                   assaulted husband of informant. This petitioner is only alleged
            Patna High Court CR. MISC. No.14113 of 2026(2) dt.27-04-2026
                                                        2/2




                      to be present at the place of occurrence and there is, absolutely,

                      no allegation of overt act against him. Moreover, similarly

                      situated co-accused, namely, Chottelal Yadav @ Gorelal Yada@

                      Gorelal has already been granted bail by this Court vide order

                      dated 13.11.2025 passed in Cr. Misc. No. 74061 of 2025.

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

                      anticipatory bail petition.

                                      6.     Considering         the       aforesaid   facts   and

                      circumstances, let the above named petitioner, in the event of

                      arrest/surrender 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 learned A.C.J.M. - II, Sherghati, Gayaji in

                      connection with Barachatti P.S. Case No. 116 of 2025, subject to

                      condition as laid down under Section 482 of the Bhartiya Nagrik

                      Suraksha Sanhita, 2023.


                                            (Prabhat Kumar Singh, J)

khushbu/-

U      T

Continue reading with your account

Checking your session…