Patna High Court
Upendra Yadav @ Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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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