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Patna High Court

Sanjay YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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