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Patna High Court

Balram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the simple injuries and lack of antecedents, anticipatory bail may be granted under Section 482(2) subject to bond and conditions.

Summary

The petitioners were accused of taking part in an unlawful assembly that assaulted an informant and his family, allegedly causing only simple injuries. They applied for anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The State opposed the bail, citing the seriousness of the offences listed under the Bhartiya Nyaya Sanhita. The court noted the petitioners' lack of criminal antecedents and the minor nature of the injuries, and exercised its inherent powers to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions, if arrested within six weeks.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita despite the alleged offences.
  • Whether the simple nature of injuries and absence of prior criminal records justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • unlawful assembly
  • assault
  • simple injury
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16806 of 2026
                       Arising Out of PS. Case No.-512 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
           1.     Balram Yadav Son of Late Shivmangal Yadav R/O Village - Balwa, P.S.-
                  Bhore, District - Gopalganj.
           2.     Chhotelal Yadav @ Chotelal Yadav Son of Late Guljar Yadav R/O Village -
                  Balwa, P.S.- Bhore, District - Gopalganj.
                                                                            ... ... Petitioners
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vikash Kumar Shukla
                 For the Opposite Party/s :        Mr. Sanjay Kumar
                 ======================================================
                 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 Bhore P.S. Case No. 512 of 2025 for the offence punishable

                   under Sections 126(2), 115(2), 118(2), 109, 303(2), 352, 3(5) of

                   the Bhartiya Nyaya Sanhita.

                                   3. It is alleged that the petitioners, forming an

                   unlawful assembly with 14 named co-accused persons, assaulted

                   the informant and other family members in general and omnibus

                   terms initially and thereafter it is alleged that petitioner No.1

                   assaulted the informant by means of gadasa on head.

                                   4. Learned counsel for the petitioners submits that

                   the injury sustained by the informant is simple in nature while
          Patna High Court CR. MISC. No.16806 of 2026(3) dt.29-04-2026
                                                      2/2




                    the other persons, who are injured have also sustained simple

                    injuries. It has been submitted that the petitioners have got no

                    criminal antecedents.

                                    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 SDJM, Gopalganj, in connection with Bhore P.S. Case

                    No. 512 of 2025, 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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