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Patna High Court

Upendra Yadav @ Upendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, granting bail subject to conditions under Section 482(2) of the B.N.S.

Summary

Upendra Yadav and Vinay Yadav applied for anticipatory bail in a case registered under Sections 329(3), 329(4), 109, 115(2), 117(2), 303(2), 352 and 3(5) of the B.N.S. for alleged assault on a woman and her husband. The petitioners asserted they have clean antecedents and that the FIR stems from a neighbour dispute, contending that the allegations are vague and that they have been falsely implicated. The State opposed the bail, arguing the seriousness of the offences. The Court considered the submissions, the nature of the dispute, and the petitioners' willingness to surrender, and invoked Section 482(2) of the B.N.S. to grant anticipatory bail subject to conditions. Accordingly, the petitioners were ordered to furnish bail bonds of Rs.10,000 each with two sureties, and the application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the B.N.S. in the present case
  • Whether the allegations in the FIR are specific enough to deny bail
  • Whether the petitioners are likely to flee, tamper with evidence or influence witnesses

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 303(2), 329(3), 329(4), 3(5), 352, 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • false implication
  • assault
  • neighbor dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18385 of 2026
                     Arising Out of PS. Case No.-337 Year-2025 Thana- NOORSARAI District- Nalanda
                 ======================================================
           1.     Upendra Yadav @ Upendra Kumar Son of Late Awadhesh Yadav R/O
                  Village - Daudpur, Vishmbharpur, P.S. - Noorsarai, District - Nalanda.
           2.    Vinay Yadav, Son of Late Awadhesh Yadav R/O Village - Daudpur,
                 Vishmbharpur, P.S. - Noorsarai, District - Nalanda.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anirudh Kumar Sinha
                 For the Opposite Party/s :       Mr.Ajit Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 329(3), 329(4), 109, 115(2), 117(2), 303(2), 352,

                   3(5) of the B.N.S.

                                3. The learned counsel for the petitioners submits

                   that the petitioners are persons with clean antecedent and

                   the informant alleges that on 12.06.2025 at 4.30 P.M., the

                   accused persons including the petitioners came and started

                   abusing. On objection, the accused persons assaulted her by

                   rod causing injury on head and even assaulted her husband
Patna High Court CR. MISC. No.18385 of 2026(2) dt.01-04-2026
                                            2/3




          and snatched her earring and chain of her husband.

                       4. The learned counsel for the petitioners submits

          that petitioners have been falsely implicated in the instant

          case by the informant. It is next submitted that petitioners

          and the informant are neighbours and are having dispute

          relating to passage, for which an altercation took place in

          which both sides assaulted each other. It is also submitted

          that from perusal of the allegation as alleged in the FIR, it

          would manifest that allegation of assault against the

          petitioners is not specific. It is further submitted that

          petitioners are not criminals.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the

          learned counsel for the petitioners, the petitioners, above-

          named, in the event of their arrest or surrender before the

          learned Court below within a period of six weeks, are

          directed to be released on anticipatory bail on their

          furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the
               Patna High Court CR. MISC. No.18385 of 2026(2) dt.01-04-2026
                                                           3/3




                         case is pending/successor Court in connection with

                         Noorsarai P. S. Case No.337 of 2025, subject to the

                         conditions laid down under Section 482(2) of the B.N.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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