Patna High Court
Nawal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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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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