Patna High Court
Kapildev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to bail bond and surety conditions.
Summary
The petitioner, Kapildev Yadav, sought anticipatory bail after an FIR alleged that he and a co‑accused verbally abused the informant’s mother and forcibly took a child’s neckcloth, invoking multiple offences under the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, asserting the incident stemmed from a petty neighbour dispute and highlighted his clean antecedent with no specific overt act attributed to him. The State opposed the bail application, arguing the seriousness of the alleged offences. The Court, considering the background, the nature of the accusations, and the petitioner’s clean record, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also directed compliance with the Additional Chief Judicial Magistrate‑VI, Danapur.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious allegations under multiple sections of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 75
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16991 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Kapildev Yadav Son of Late Mahichandra Yadav R/o Village - Bala Thakur,
P.S. - Naubatpur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Md. Matloob Rab, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 75, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., this petitioner and co-accused
Jitendra Kumar abused the mother of informant by calling her a
witch and snatched jitiya from her neck.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Both
parties are close-door neighbours and due to petty dispute
altercation took place between the parties. There is no allegation
of any specific overt act against the petitioner. Case and counter
case. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.16991 of 2026(2) dt.01-04-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate-VI, Danapur in connection with Naubatpur P. S.
Case No. 259 of 2025, subject to conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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