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Patna High Court

Santosh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted where the alleged offences involve simple injuries, the FIRs were filed after a considerable delay, and a counter case exists, subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Santosh Yadav and Pandav Yadav, were implicated in a police case alleging assault with sharp weapons and other offences under the Bharatiya Nyaya Sanhita. They sought anticipatory bail, contending that the injuries were simple, the FIR and counter‑FIR were lodged after a 26‑day delay, and that the informant had also attacked them. The court examined the nature of the alleged injuries, the delay in filing the complaints, and the existence of a counter case. Finding that the injuries were not grave and that the delay indicated possible false implication, the court exercised its power under Section 482(2) of the B.N.S.S. to grant anticipatory bail. The bail was conditioned on a bond of Rs 10,000 with two sureties and compliance with the Additional Chief Judicial Magistrate, Khagaria.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
  • Whether the simple nature of injuries and the 26‑day delay in filing the FIRs justify the grant of anticipatory bail.
  • Whether the existence of a counter case between the parties affects the decision on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • sharp weapons
  • FIR delay
  • counter case
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18589 of 2026
                     Arising Out of PS. Case No.-401 Year-2024 Thana- PARBATTA District- Khagaria
                 ======================================================
           1.     Santosh Yadav Son of Jalim Yadav Resident of village Muradpur, Ward No.-
                  12, P.S.- Parbatta, District - Khagaria.
           2.    Pandav Yadav Son of Hukum Yadav Resident of village Muradpur, Ward
                 No.- 12, P.S.- Parbatta, District - Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Surendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026                  Heard learned Counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. This application for grant of anticipatory bail,

                   arises out of Parbatta Police Station Case No. 401 of 2024,

                   disclosing offences under Sections 126(2), 115(2), 117(2),

                   109(1), 352, 351(2), 303(2) and 3(5) of Bharatiya Nyaya

                   Sanhita.

                                3. The prosecution case, as per the First Information

                   Report, is that on 10.09.2024 at about 4:30 P.M., when the

                   informant was going on the road, at the same time the

                   petitioners and other accused persons, total 11 in number,

                   arrived with sharp weapons, surrounded the informant, and
Patna High Court CR. MISC. No.18589 of 2026(2) dt.08-04-2026
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          started abusing him. When the informant objected, the

          petitioner, along with Ganga Yadav, assaulted the informant on

          the head and right hand with the butt of the pistol and iron rod.

          When the informant’s son intervened in order to save him, he

          was also assaulted.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in this case on account

          of the fact that on the date of occurrence, i.e., 10.09.2024, the

          informant, along with other accused persons, shot at the brother

          of petitioner No. 1 with a country-made firearm. When

          petitioner No. 1 intervened, the informant assaulted him with a

          spade. He further submits that both parties have lodged the case

          and counter case after delay of about 26 days. Referring to

          paragraphs 7 and 8 of the petition, learned counsel submits that

          the injury sustained by the informant has been reserved, and the

          injuries caused by Akhilesh Yadav and petitioner No. 2 with a

          lathi and rod are simple in nature.

                       5. Regard being had to the submissions made by the

          parties, taking into consideration the nature of the injury and the

          fact that case and counter case are there between the parties, and

          both parties have lodged their FIRs after a delay of about 26

          days, I am inclined to grant the petitioners privilege of
           Patna High Court CR. MISC. No.18589 of 2026(2) dt.08-04-2026
                                                       3/3




                     anticipatory bail.

                                  6. This application is, accordingly, allowed.

                                  7. Let the petitioners, above named, in the event

                     of their arrest or surrender before the Court below within

                     four weeks, be released on bail on furnishing bail bond of

                     Rs. 10,000/- (Ten Thousand) each with two sureties of the

                     like amount each to the satisfaction of learned Additional

                     Chief Judicial Magistrate, Khagaria, in connection with

                     Parbatta Police Station Case No. 401 of 2024, subject to the

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



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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