Patna High Court
Yogendra DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to the conditions prescribed under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioners Yogendra Das and Sunil Kumar were accused of forming an unlawful assembly and assaulting an informant with an iron rod, allegedly intending to kill him, under multiple IPC offences. They applied for anticipatory bail, arguing that the injury was simple and there was a counter‑case between the parties. The State opposed the bail, citing the seriousness of the offences listed. The Court examined the record, considered the circumstances, and ordered that the petitioners be released on bail if arrested within six weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order reflects the Court’s discretion to balance the rights of the accused with the interests of justice.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged offences
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- unlawful assembly
- assault
- IPC sections 147 148 149 341 323 307 427 379 504 506
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16779 of 2026
Arising Out of PS. Case No.-21 Year-2024 Thana- KHAJANCHI HAT District- Purnia
======================================================
1. Yogendra Das S/o Late Jagdeo Das R/o Village - Tatma Toli, Krishna
Mandir Chowk, Ward No. 24, P.S - K. Hat (Maranga), District - Purnea
2. Sunil Kumar @ Sunil Kumar Das S/o Yogendra Das R/o Village - Tatma
Toli, Krishna Mandir Chowk, Ward No. 24, P.S - K. Hat (Maranga), District
- Purnea
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of K. Hat (Maranga) P.S. Case No. 21 of 2024 for the offence
punishable under Sections 147, 148, 149, 341, 323, 307, 427,
379, 504 and 506 of the Indian Penal Code.
3. The case of the prosecution is that when the
informant was constructing wall, the petitioners, forming
unlawful assembly with named co-accused persons and 25-30
unknown persons, came at the place of occurrence and allegedly
assaulted the informant on his head with iron rod with an
intention to kill.
4. Learned counsel for the petitioners submitted
Patna High Court CR. MISC. No.16779 of 2026(3) dt.29-04-2026
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that there is a case and counter case between the parties and the
injury report goes to show that he received simple injury.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
Considering the facts and circumstances, let the petitioners
above named, in the event of their arrest/surrender within six
weeks from today in the Court below, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Purnea, in connection with K.
Hat P.S. Case No. 21 of 2024, subject to the conditions as laid
down under Section 482(2) of the Bhartiya Nagrik Suraksha
Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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