Patna High Court

Kishan YadavversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is denied for petitioner No.1 but granted for petitioners No.2 and No.3 subject to conditions.

Summary

The petitioners, three residents of Manihari, sought anticipatory bail after a FIR under several sections of the Bharatiya Nyaya Sanhita alleged that they assaulted the son of an informant and stole money. The FIR specifically implicated petitioner No.1 (Kishan Yadav) in an assault with a weapon, while the allegations against petitioners No.2 (Shekh Rahul) and No.3 (Sanjay Lal) were described as vague and ornamental. The State opposed bail, emphasizing the specific charge against petitioner No.1 and his three prior criminal convictions. The High Court, noting the specific accusation and antecedents, refused anticipatory bail to petitioner No.1 but granted it to petitioners No.2 and No.3 subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that the bail be enlarged by the Railway Judicial Magistrate, Katihar, within eight weeks of arrest or surrender.

Issues considered

Whether anticipatory bail should be granted to petitioner No.1 given the specific assault allegation and his criminal antecedents.
Whether anticipatory bail can be granted to petitioners No.2 and No.3 in the absence of specific allegations of overt acts.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5)

Subjects

anticipatory bail
assault
criminal antecedents
Bharatiya Nyaya Sanhita
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.186 of 2026

                  Arising Out of PS. Case No.-2 Year-2025 Thana- RAIL P.S. MANIHARI District- Katihar
                 ======================================================
           1.     Kishan Yadav S/o Bhim Byas Yadav R/o Village- Manihari, P.S- Manihari,
                  Dist- Katihar.
           2.    Shekh Rahul S/o Shekh Mokim R/o Village- Manihari, P.S- Manihari, Dist-
                 Katihar.
           3.    Sanjay Lal @ Sanjay Kr. Sinha S/o Surendra Sinha @ Surendra Prasad
                 Sinha R/o Village- Manihari, P.S- Manihari, Dist- Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                  Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(2),

                   109, 303(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., all the named accused persons,

                   including these petitioners, assaulted the son of informant and

                   took Rs. 1,000/- from the shop and Rs. 30,000/- from the pocket

                   of informant. Petitioner no. 1 is alleged to have assaulted the

                   son of informant by means of fighter.

                                4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.186 of 2026(2) dt.20-01-2026
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          submits that specific accusation of assault is against petitioner

          No. 1. So far rest of the petitioners are concerned, there is no

          specific allegation of overt act against them. Injury, allegedly,

          caused by petitioner nos. 2 & 3 are simple in nature. Rest of the

          allegations are ornamental only to make the case grave.

                       5. Learned counsel for the State opposed the bail

          application and submitted that there is specific accusation of

          assault against petitioner no. 1 and he has got three criminal

          antecedents.

                       6. Considering the specific accusation of assault

          against petitioner no. 1 and criminal antecedents, prayer for

          anticipatory bail of petitioner No. 1 is refused.

                       7. However, considering the nature of accusation

          against petitioner Nos. 2 & 3, the anticipatory bail with regard

          to petitioner Nos. 2 & 3 is allowed and it is ordered that the

          above named petitioner Nos. 2 & 3 in the event of their

          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) each with two sureties of the like

          amount each to the satisfaction of Railway Judicial Magistrate,

          Katihar in connection with Manihari Rail P. S. Case No. 207 of

          2025, subject to condition as laid down under Section 482(2) of
              Patna High Court CR. MISC. No.186 of 2026(2) dt.20-01-2026
                                                          3/3




                        the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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