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Patna High Court

Sandeep Yadav @ Sandeep Kumar @ Sandeep Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, on a prima facie basis and given the simple nature of injuries and the petitioner's clean antecedent, pre‑arrest bail may be granted under Section 482(2) of the BNSS.

Summary

The petitioner, Sandeep Yadav, was implicated in an FIR alleging assault with intent to kill on an informant and his brother, involving multiple offences under the Bihar Penal Code. The FIR specifically names co‑accused Lal Bihari Yadav and Pradeep Yadav as the principal assailants, while the petitioner faces a general omnibus allegation. He contended that he is innocent, has a clean antecedent, and that the medical report described the injuries as simple. The State opposed the grant of pre‑arrest bail. The court observed that the specific allegations were against the co‑accused, the injuries were not serious, and the petitioner’s antecedent was clean, thereby finding a prima facie case for bail. Accordingly, the court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bond and sureties, subject to verification of his antecedent and Section 482(2) of the BNSS.

Issues considered

  • Whether pre‑arrest bail should be granted in a case of alleged assault with intent to kill under the listed sections of the Bihar Penal Code
  • Whether the nature of the injuries and the petitioner's clean antecedent justify the grant of bail
  • Whether Section 482(2) of the BNSS permits the court to release the petitioner on bail

Subjects

  • pre‑arrest bail
  • assault
  • intent to kill
  • clean antecedent
  • Section 482
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18986 of 2026
                 Arising Out of PS. Case No.-190 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
                 ======================================================
                 Sandeep Yadav @ Sandeep Kumar @ Sandeep Kumar Yadav, S/o Lal Bihari
                 Yadav, Resident of Village - Mahaudipur, P.S.- Magadh University, District -
                 Gaya Ji (Bihar)
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Uma Kant Mishra, Advocate
                 For the Opposite Party/s :      Mr. Md. Ataur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                       Heard Mr. Uma Kant Mishra, learned counsel

                   appearing on behalf of the petitioner and Mr. Md. Ataur

                   Rahman, learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Magadh University P.S. Case No. 190 of 2025, registered

                   for the offence punishable under Sections 126(2), 352, 351(2),

                   115(2), 109(1), 117(2), 74, 303(2) and 3(5) of the BNS.

                                3. As per the allegation made in the FIR, petitioner

                   along with other co-accused, with an intention to kill, had

                   assaulted the informant and his family members by means of

                   iron rod, Khanti, Farsa and stick, due to which, informant and

                   his brother had sustained injuries on their head including

                   different parts of their body.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.18986 of 2026(2) dt.08-04-2026
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          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. The specific allegation is

          against co-accused Lal Bihari Yadav, who had assaulted the

          informant causing injury on his head and against co-accused

          Pradeep Yadav, who had assaulted the brother of the informant

          causing injury on his head. General and omnibus allegation has

          been levelled against the petitioner that he along with other co-

          accused had assaulted the informant and his brother causing

          injury on the different parts of their body, however, from the

          impugned order, it appears that the doctor has opined the

          injuries sustained by the informant and his brother to be simple

          in nature. Petitioner has clean antecedent. On these grounds,

          petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, the fact that specific allegation is

          against co-accused Lal Bihari Yadav and Pradeep Yadav, who

          had assaulted the informant and his brother causing injury on

          their head. General and omnibus allegation has been levelled

          against the petitioner that he along with other co-accused had

          assaulted the informant and his brother causing injury on the
            Patna High Court CR. MISC. No.18986 of 2026(2) dt.08-04-2026
                                                        3/3




                      different parts of their body, however, from the impugned order,

                      it appears that the doctor has opined the injuries sustained by the

                      informant and his brother to be simple in nature. Petitioner has

                      clean antecedent. I am of the opinion that petitioner has, prima

                      facie, made out a case to be released on pre-arrest bail.

                                   7. The petitioner, above named, is directed to be

                      released on pre-arrest bail, in the event of his/her arrest or

                      surrender before the learned District Court within a period of

                      four weeks from today, on furnishing bail bond of Rs. 10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned District Court where the

                      case is pending, in connection with Magadh University P.S.

                      Case No. 190 of 2025, subject to the condition as laid down

                      under Section 482(2) of the BNSS.

                                   8. The learned District Court is directed to verify

                      the criminal antecedent of the petitioner as stated in

                      paragraph no. 3 of the bail application. If any other case is

                      pending against the petitioner as what has been stated in

                      paragraph no. 3, this order will lose its force automatically.



                                                (Purnendu Singh, J)
Niraj/-
U       T


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