Patna High Court
Parsidh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court denied anticipatory bail to the petitioners.
Summary
The petitioners, three members of the Yadav family, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case registered under Sections 191(1), 126(2), 115(2) and 109(1) of the Bhartiya Nyay Sanhita, 2023 for allegedly assaulting a relative with a sharp‑edged weapon. The prosecution alleges a direct assault, while the petitioners claim innocence, alleging a false implication arising from a land dispute and noting that two of them have prior criminal records. The State opposed bail, contending that the victim was attacked with an iron rod. The Court, after considering the direct assault allegations, rejected the anticipatory bail application but indicated that regular bail could be considered if the petitioners surrender within four weeks. The order reflects the Court’s view that the seriousness of the allegations outweighs the petitioners’ request for pre‑emptive release.
Issues considered
- Whether anticipatory bail can be granted under Section 482 BNSS, 2023 when the FIR contains direct allegations of assault.
- Whether the petitioners are likely to flee or tamper with evidence, justifying denial of anticipatory bail.
- Whether prior criminal antecedents of two petitioners affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bhartiya Nyay Sanhita — s. 109(1), 115(2), 126(2), 191(1)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- assault
- land dispute
- prior criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15421 of 2026
Arising Out of PS. Case No.-325 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Parsidh Yadav S/O Late Matuki Yadav Village- Nista, P.S. - Surajgarha,
District- Lakhisarai.
2. Mithilesh Yadav @ Mithilesh Kumar S/O Parsidh Yadav Village- Nista, P.S.
- Surajgarha, District- Lakhisarai.
3. Rupesh Kumar S/O Parsidh Yadav Village- Nista, P.S. - Surajgarha, District-
Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The present criminal miscellaneous application
has been filed under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS,
2023’) for grant of anticipatory bail to the petitioners who
apprehend arrest in connection with Surajgarha P.S. Case No.
325 of 2025, lodged on 29.11.2025, under Sections 191(1)/
126(2)/ 115(2) /109(1) of the Bhartiya Nyay Sanhita, 2023,
Patna High Court CR. MISC. No.15421 of 2026(2) dt.25-03-2026
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pending in the Court of Chief Judicial Magistrate, Lakhisarai.
3. As per the prosecution, FIR has been lodged
against three named accused persons including the present
petitioners with allegation that they attacked his cousin with a
sharp edged weapon from front and back due to which his
cousin sustained injury.
4. Learned Counsel for the petitioners submits that
the petitioners are innocent and have committed no offence.
Counsel submits that the whole family members have falsely
been implicated in this case due to land dispute. Counsel
submits that the criminal antecedent of petitioner No.3 is
clean; whereas petitioner Nos.1 and 2 have two criminal
antecedents. Counsel further submits that petitioners are ready
to fulfill all the conditions whatsoever shall be imposed upon
him.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that cousin of the informant
was assaulted with iron rod by the accused persons.
6. Considering the fact that there are direct
allegation of assault against the petitioners, hence,
anticipatory bail application of petitioners is hereby rejected.
However, in the event of surrender of the petitioners within
Patna High Court CR. MISC. No.15421 of 2026(2) dt.25-03-2026
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four weeks from today, the prayer for regular bail shall be
considered without being prejudiced by the order of this
Court.
(Dr. Anshuman, J)
Mkr./-
U T
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