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Patna High Court

Naro Yadav @ Nagendra Yadav @ Narendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the BNSS.

Summary

The petitioner, Naro Yadav, sought anticipatory bail after an FIR alleged that he assaulted an informant's husband and disrobed the informant during a family dispute, invoking multiple sections of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, citing a simple injury, his handicapped status, and a clean antecedent, while the State opposed bail. The court examined the nature of the accusations, the extent of injury, and the petitioner’s background. Considering the modest injury, familial context, and lack of prior record, the court found no reason to deny bail. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted in a case involving multiple serious offences under the BNSS
  • Whether the petitioner poses a flight risk or threat to the investigation
  • Whether the nature of the alleged assault and the petitioner’s personal circumstances justify bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • family dispute
  • handicapped defendant
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18654 of 2026
                       Arising Out of PS. Case No.-372 Year-2025 Thana- SIRDALA District- Nawada
                 ======================================================
                 Naro Yadav @ Nagendra Yadav @ Narendra Prasad S/O Shree Ram Prasad @
                 Ram Prasad Yadav Resident of Village- Raja Bigha, PS.- Sirdala, District-
                 Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Premchandra Yadav, Advocate
                 For the Opposite Party/s :       Dr. Indiwar Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 115(2), 126(2), 118(1),

                   109, 74, 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., on 7.10.2025 at about 4:30 PM, this

                   petitioner came to the house of informant and started abusing

                   her. Upon objection, petitioner assaulted the husband of

                   informant with pasuli as a result of which he sustained head

                   injury. Petitioner is also alleged to have assaulted informant and

                   disrobed her. It is further alleged that co-accused Anshu Kumari

                   also assaulted informant and this petitioner took gold tabiz from

                   her husband.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.18654 of 2026(2) dt.21-04-2026
                                                        2/2




                      petitioner is innocent and has committed no offence. Petitioner

                      is own brother-in-law of the informant and due to petty family

                      dispute, altercation took place between them. Petitioner is a

                      handicapped person and injury, allegedly, caused by him is

                      simple. As per injury report, husband of the informant sustained

                      only one injury. Rest of the allegations are ornamental only to

                      make the case grave. Petitioner claims clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering backdrop of the case, nature of

                      accusation, injury and clean antecedent, this anticipatory bail is

                      allowed and it is ordered that let the above named petitioner in

                      the event of his 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) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Nawada in connection with Sirdala P.

                      S. Case No. 372 of 2025, subject to condition as laid down

                      under Section 482(2) of the BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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