Patna High Court
Bairistar Yadav @ Balistar Yadav @ Bairisater YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Bairistar Yadav, was implicated in a case (Bairiya P.S. Case No. 151 of 2025) for allegedly assaulting an informant over a monetary dispute, resulting in a simple head injury. He faced charges under Sections 126(2), 115(2), 109, 303(2), 352 and 3(5) of the B.N.S. The petitioner sought anticipatory bail, arguing that the injury was minor and that co‑villagers were involved. The court noted that other accused had already been granted anticipatory bail and that the nature of the allegation did not warrant detention. Considering the simplicity of the injury and the circumstances, the court granted anticipatory bail subject to a bond and sureties, with conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the alleged assault and the simple injury sustained by the informant.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 352
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- assault
- simple injury
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18065 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- BAIRIYA District- West Champaran
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Bairistar Yadav @ Balistar Yadav @ Bairisater Yadav S/O Late Laxman
Yadav Resident of village -Laukariya, Baluwa Tola, P.S- Bairiya, District-
West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sujeet Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Bairiya P.S. Case No. 151 of 2025 dated 13.04.2025 registered
under Sections 126(2), 115(2), 109, 303(2), 352 and 3(5) of the
B.N.S.
3. As per the first information report on 07.04.2025 in the
evening on the point of demanding money regarding the cost of
sand, the petitioner and other accused persons assaulted the
informant and it has been alleged that the petitioner abused and
assaulted the informant by rod on his head causing head injury.
4. Learned counsel for the petitioner submits that both the
parties are co-villagers and occurrence has taken place on the
point of demand of money. The injury sustained by the
Patna High Court CR. MISC. No.18065 of 2026(2) dt.08-04-2026
2/2
informant is simple in nature which would be evident from the
impugned order itself. Other accused persons have been granted
anticipatory bail by the learned court below itself.
5. Regard being had to the submission made by the parties,
taking into consideration the nature of allegation and the fact
that informant has sustained simple injury, accordingly, I am
inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
Judicial Magistrate, Bettiah, District- West Champaran in
connection with Bairiya P.S. Case No. 151 of 2025 subject to
the condition as laid down under Section 482 (2) of the B.N.S.S.
2023.
(Anil Kumar Sinha, J)
praful/-
U T
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