Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Sanjay Yadav, sought anticipatory bail fearing arrest in a case (Natwar P.S. Case No. 12 of 2025) involving alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault with weapons. The prosecution alleged that the petitioner, along with six others, attacked an informant and his family with lathis, swords, a pistol and other weapons, causing injuries. The petitioner contended that he was falsely implicated, had no criminal record, and that the FIR primarily targeted co‑accused Bharat Singh, with the allegations against others being vague. The State opposed the bail, arguing the seriousness of the offences. After considering the submissions, the court granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 10,000 and two sureties, subject to Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the allegations in the FIR are sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 324(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14354 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- NATWAR District- Rohtas
======================================================
Sanjay Yadav, S/o Late Bhagwati Singh, R/o Village - Madhopur, P.S -
Natwar, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Upadhyay, Adv.
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Natwar P.S. Case No. 12 of 2025 dated 12.01.2025, registered
for the offence punishable under Sections 191(2), 191(3), 190,
115(2), 126(2), 109, 324(2), 352 and 351(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, on the alleged date of
occurrence when the informant went to his farm, he saw that
three goats were grazing his wheat plants. On protest, the co-
accused Bharat Singh started abusing and assaulted him on his
head by means of lathi. Thereafter, all the accused persons
alongwith Lorik Singh arrived at his house armed with lathi,
sword, Gadasa and pistol and attacked his elder brother, due to
Patna High Court CR. MISC. No.14354 of 2026(3) dt.06-05-2026
2/3
which, he sustained head injury. When the informant and his son
came to rescue him, they were also assaulted by means of
Gadasa, due to which, they also sustained injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is submitted that the F.I.R. has been lodged against
seven named persons including the petitioner. There is case and
counter case between both the sides. Counter case has been
lodged by the wife of co-accused Bharat Singh against the
informant and others. It is further submitted that from the
perusal of the F.I.R., the main allegation is against co-accused
Bharat Singh, who assaulted with lathi on the head of the
informant due to which he sustained injury. It is also submitted
that the allegation of assault by other co-accused persons is
general and omnibus. Further, it is submitted that similarly
situated person, namely, Lorik Singh has been granted bail vide
order dated 29.08.2025 passed in Criminal Miscellaneous No.
50933 of 2025 by a co-ordinate Bench of this Court. Lastly, it
has been submitted that the petitioner has no criminal
antecedents.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
Patna High Court CR. MISC. No.14354 of 2026(3) dt.06-05-2026
3/3
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Natwar P.S. Case No.
12 of 2025, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
J.M.-Ist Class, Bikramganj, Rohtas, subject to condition as laid
down under Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.