Patna High Court
Balram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 352
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
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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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