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Patna High Court

Parsidh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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
                                                      3/3




                    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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