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Patna High Court

Nawal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioners, Nawal Yadav and Dilkhush Yadav, sought bail fearing arrest in a criminal case (Muffasil P.S. Case No.12 of 2025) alleging offences under several sections of the BNS, including assault and theft. The prosecution alleged that the petitioners, on orders of petitioner No.1, assaulted an informant and his brothers, causing injuries and stealing Rs.5,000 and a mobile phone. The petitioners contended they were falsely implicated, citing lack of eye‑witnesses, inconsistencies in the injury report and timing of the alleged incident, and asserted a prior enmity with the informant. The court observed that the allegations were non‑specific and that there was a possibility of false accusation. Accordingly, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS and attendance requirements.

Issues considered

  • Whether the allegations against the petitioners are sufficiently specific to deny bail
  • Whether there is a prima facie case justifying denial of bail
  • Whether the possibility of false accusation warrants the grant of bail

Subjects

  • bail
  • false accusation
  • assault
  • theft
  • criminal procedure
  • Section 482
  • non‑specific allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14859 of 2026
                 Arising Out of PS. Case No.-12 Year-2025 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
           1.     Nawal Yadav S/O Ramswaroop Yadav R/O Vill.- Karari Tola, P.S.- Mufassil,
                  Dist.- Munger.
           2.    Dilkhush Yadav S/O Nawal Yadav R/O Vill.- Karari Tola, P.S.- Mufassil,
                 Dist.- Munger.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sunil Kumar, Advocate
                 For the Opposite Party/s :     Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   03-04-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                02. In the present case, the petitioners are apprehending

                   their arrest in connection with Muffasil P.S. Case No. 12 of 2025

                   registered for the alleged offences under Section 126(2), 115(2),

                   303(2), 109, 352, 351(2), 3(5) of the BNS.

                                03. As per prosecution case, on the orders of petitioner

                   no. 1, petitioner no. 2 and other coaccused persons assaulted the

                   informant and his brothers causing injuries to them. They also

                   snatched Rs. 5000/- cash and mobile phone from the informant.

                                04. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have been falsely implicated in this

                   case. The allegation against the petitioner no. 1 is that he gave
Patna High Court CR. MISC. No.14859 of 2026(2) dt.03-04-2026
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          orders for assaulting the informant whereas allegation against

          petitioner no. 2 is that he assaulted the brothers of the informant

          with lathi but there is no injury report of brothers of the informant

          and even the injury report of the informant shows a lacerated

          wound of size 2”x1/2” on left arm and swelling of 2”x1” on right

          parietal area of skull. The injury no. 1 is stated to be grievous

          whereas the injury no. 2 is stated to be simple but the petitioners

          are not the authors of the injuries. Learned counsel further submits

          that due to previous enmity between the parties, the informant has

          lodged this false case and there are no eye witnesses. Learned

          counsel further submits that from the injury report it appears the

          informant was treated at 11:39 AM on 16.01.2025 whereas the

          allegation in the FIR is that the occurrence took place at around

          12:00 noon which shows the falsity of the allegation against the

          petitioners. The petitioners are having antecedent of one case each

          and they are on bail.

                       05. Learned A.P.P. for the State opposes the submission

          made on behalf of the learned counsel for the petitioners.

                       06. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the non-

          specific nature of allegation against the petitioners and also

          considering the possibility of false accusation, let the petitioners

          above named, in the event of their arrest or surrender before the
             Patna High Court CR. MISC. No.14859 of 2026(2) dt.03-04-2026
                                                         3/3




                       court concerned within a period of eight weeks from today, be

                       released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees

                       Ten Thousand Only) each with two sureties of the like amount

                       each to the satisfaction of learned Court of CJM, Munger in

                       connection with Muffasil P.S. Case No. 12 of 2025, subject to the

                       condition laid down under Section 482(2) of the BNSS and other

                       following conditions:

                                                       (i) One of the bailors will be a

                                                       close relative of the petitioners.

                                                       (ii) The petitioners will remain

                                                       present on each and every date

                                                       fixed by the court below, if so

                                                       required by the learned trial

                                                       court.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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