Patna High Court
Md. YasirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners as the injuries were simple and the dispute was petty, satisfying the criteria under Section 482.
Summary
The petitioners, Md. Yasir and Md. Khalid Hussain, sought anticipatory bail fearing arrest in a case alleging offences under several sections of the Bhartiya Nyaya Sanhita, including assault and related crimes. The prosecution alleged that the petitioners assaulted the informant's mother and later the informant himself. The petitioners contended they were innocent, stating the altercation stemmed from a petty dispute and the injuries were simple. The State opposed the bail. The court, considering the minor nature of the injuries and the circumstances, granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs. 10,000 each 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 petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita in view of the alleged offences.
- Whether the nature of the injuries and the circumstances of the dispute justify the grant of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- assault
- simple injury
- petty dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1917 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- ROH District- Nawada
======================================================
1. Md. Yasir Son of Md. Khalid Hussain Resident Of Village - Marui, P.S. -
Roh, Dist. - Nawada.
2. Md. Khalid Hussain @ Md. Khalid Sah @ Raju Son of Late Abdul Sattar
Resident Of Village - Marui, P.S. - Roh, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2),
117(2), 109, 74, 352, 351(2), 3(5) of the Bhartiya Nyaya
Sanhita.
3. As per prosecution case, petitioners are alleged
to have assaulted the mother of the informant and when the
informant went to confront regarding the occurrence he was
also assaulted by the petitioners.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Due
to petty dispute, an altercation took place between both the
parties. The injury sustained by the injured is simple in nature.
5. Learned A.P.P. for the State opposed the bail
petition of the petitioners.
Patna High Court CR. MISC. No.1917 of 2026(2) dt.29-01-2026
2/2
6. Considering the facts and circumstance of the case
that both the parties are relative injuries sustained by the injured
is simple in nature, the prayer for anticipatory bail of petitioners
is allowed. Let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M., 1st Class, Nawada in connection
with Roh 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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