Patna High Court
Naresh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Petitioner Naresh Yadav sought anticipatory bail after being implicated in a case (PS Konch, Gaya) involving alleged assault on an informant and Anita Kumari, theft of a gold chain and Rs.10,000, arising from a water‑drainage dispute. The offences alleged under the Bhartiya Nyaya Sanhita include sections 126(2), 115(2), 110, 303(2), 351(2), 352, 329(4), 74 and 3(5). The petitioner contended that the injuries caused were simple in nature and that the dispute was mutual. The State opposed the bail. Considering the simple nature of the injuries and the circumstances, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the alleged offences and the simplicity of the injuries.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 110, 115(2), 126(2), 303(2), 329(4), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- theft
- simple injury
- Section 482
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1902 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- KONCH District- Gaya
======================================================
Naresh Yadav S/O Late Keshwar Yadav @ Ram Kehswar Yadav Resident of
Village- Gopalpur Tarari Tola, P.S. -Konch, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehend his arrest in a case
registered for the offence under Sections 126(2), 115(2), 110,
303(2), 351(2), 352, 329(4), 74, 3(5) of the Bhartiya Nyaya
Sanhita.
3. It is alleged that on 18.05.2025, petitioner and
other accused persons are alleged to have assaulted the
informant and one Anita Kumari on her head causing injury.
They snatched gold chain from the neck of the informant and
looted Rs. 10,000/- from the box of informant.
4. Learned counsel for the petitioner submits that
dispute with regard to drainage of water, led to altercation
between the parties. Both sides inflicted injuries on each other.
Patna High Court CR. MISC. No.1902 of 2026(2) dt.29-01-2026
2/2
The injuries sustained by the injured is simple in nature.
5. Learned A.P.P. for the State opposed the bail
petition of the petitioner.
6. Considering the facts and circumstance of the case
and the injury found is simple in nature, the prayer for
anticipatory bail of petitioner is allowed. Let the above named
petitioner, in the event of his arrest/surrender within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned A.C.J.M.-VIII,
Gayaji in connection with Konch P.S. Case No. 297 of 2025,
subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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