Patna High Court
Krishndev Yadav @ Krishnadeo Yadav @ Musharu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner is entitled to anticipatory bail, subject to a cash bond and sureties, as the injury report does not conclusively support the prosecution’s claim of a knife assault.
Summary
Krishndev Yadav was arrested in a case alleging that he, along with others, formed an unlawful assembly and assaulted an informant and his brother with a knife, also snatching a silver chain. The prosecution relied on sections of the Bhartiya Nyaya Sanhita covering offences such as unlawful assembly, assault, and homicide. The petitioner argued that a counter‑case exists in which his side suffered grievous injuries and that the medical report shows the brother’s injury was caused by a blunt object, not a sharp weapon. The State opposed the anticipatory bail. After considering the evidence and the injury report, the court granted anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, imposing conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the Bhartiya Nyaya Sanhita.
- Whether the injury report undermines the prosecution’s allegation of assault with a sharp weapon.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- unlawful assembly
- assault with knife
- injury report
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16870 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- PRATAPGANJ District- Supaul
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Krishndev Yadav @ Krishnadeo Yadav @ Musharu Yadav S/O Vasudev
Yadav @ Basudeo Yadav Resident of village - Shripur, Ward No. 11, Police
Station - Pratapganj, District – Supaul ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Arun
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Pratapganj P.S. Case No. 205 of 2025 for the offence
punishable under Section 126(2), 115(2), 118(1), 109, 303(2),
352, 351(3), 351(2), and 3(5) of the Bhartiya Nyaya Sanhita.
3. The case of the prosecution is that the petitioner
along with other co-accused persons, forming an unlawful
assembly and armed with lethal weapons, came at the door steps
of the informant and upon the orders of co-accused Gajendra
Yadav, the petitioner started assaulting the informant by means
of knife. When the brother of the informant, Bindeshwari Yadav,
came to intervene, then the petitioner is alleged to have
assaulted him by means of knife (a sharp cutting weapon) on his
head and also snatched silver chain.
Patna High Court CR. MISC. No.16870 of 2026(3) dt.29-04-2026
2/2
4. Learned counsel for the petitioner has submitted
that there happens to be a case and counter case between the
parties, while the counter case has been lodged against the
informant and other family members in which the petitioner’s
side received grievous injuries. It has been submitted that the
injury report does not support the allegation of the prosecution
against the petitioner inasmuch as the injury sustained by the
brother of the informant has been opined to have been caused by
a hard and blunt substance being grievous in nature and not by a
sharp pointed or sharp cutting weapon.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
Considering the facts and circumstances, let the petitioner above
named, in the event of his 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) with two sureties of
the like amount each to the satisfaction of the learned ACJM,
Birpur (Supaul), in connection with Pratapganj P.S. Case No.
205 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
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