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Patna High Court

Yashwant Kumar @ Yeshwant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

The petitioner, Yashwant Kumar, sought anticipatory bail fearing arrest in a case involving offences under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code, where he was alleged to have assaulted relatives of an informant with a lathi and taken Rs.5,000. The prosecution alleged the assault and theft, while the petitioner argued that the injury was simple, there was a counter‑case, he had a clean antecedent and a co‑accused had already been granted anticipatory bail in a similar matter. The State opposed the bail. The Court considered the nature of the injury, the petitioner’s clean record and the precedent of bail to the co‑accused, and, applying Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, ordered that the petitioner be released on anticipatory bail subject to a bond of Rs.10,000, two sureties of equal amount, and a six‑week window for surrender, with conditions as prescribed by the Judicial Magistrate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 given the nature of the alleged offences and the petitioner’s antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bhartiya Nagrik Suraksha Sanhita
  • Indian Penal Code
  • assault
  • theft
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14146 of 2026
                  Arising Out of PS. Case No.-338 Year-2023 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Yashwant Kumar @ Yeshwant Kumar, S/o Manoj Prasad Yadav @ Manoj
                 Yadav, R/o Village- Raghopur, PO- Ganga Pipar, P.S.- Chiraiya, District- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prashant Raj, Advocate
                                                  Mr. Shubhankar Raj, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, 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 341, 323, 324, 307,

                   379, 504 and 506/34 of the Indian Penal Code.

                                 3. As per prosecution case, this petitioner along with

                   co-accused Ashok Yadav, is alleged to have assaulted the father

                   and uncle of the informant with lathi and took Rs. 5,000/- from

                   informant’s brother.

                                 4. Learned counsel for the petitioner submits that

                   there is case and counter case between the parties. Doctor has

                   found simple injury. Moreover, similarly situated co-accused

                   has already been granted anticipatory bail by this Court vide
            Patna High Court CR. MISC. No.14146 of 2026(2) dt.27-04-2026
                                                        2/2




                      order dated 11.07.2024 passed in Cr. Misc. No. 31895 of 2024.

                      Petitioner has got clean antecedent.

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

                      for anticipatory bail.

                                   6. Considering the nature of injury and clean

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

                      arrest/surrender within a period of six 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 Judicial Magistrate 1st Class, Sikrahana,

                      Motihari, East Champaran in connection with Chiraiya P.S.

                      Case No. 338 of 2023, subject to condition as laid down under

                      Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T


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