Patna High Court
Baidyanath Yadav @ Baijnath YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, four members of the Yadav family from Kajha Baniapatti, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. for alleged assault on the informant's son and husband. The prosecution alleged that the petitioners participated in a violent assault using lathi, danda and dabiya over a monetary dispute. The petitioners contended they were innocent, claiming the case was a retaliatory false complaint, that the alleged injuries were minor, and that they have clean antecedents. The State opposed the grant of anticipatory bail. After considering the nature of the alleged injuries, the clean record of the petitioners, and the surrounding counter‑case, the court allowed the prayer for anticipatory bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the alleged offences.
- Whether the allegations constitute a cognizable offence warranting denial of bail.
- Whether the petitioners' clean antecedents and the minor nature of alleged injuries justify the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- false complaint
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1979 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
1. Baidyanath Yadav @ Baijnath Yadav Son of Late Chhaturi Yadav Resident
of Kajha Baniapatti, Ward No.- 5, P.S.- K. Nagar, District - Purnea
2. Jagannath Yadav @ Jagarnath Yadav Son of Late Chhaturi Yadav Resident
of Kajha Baniapatti, Ward No.- 5, P.S.- K. Nagar, District - Purnea
3. Rajiv Kumar @ Rajiv Yadav Son of Jagannath Yadav @ Jagarnath Yadav
Resident of Kajha Baniapatti, Ward No.- 5, P.S.- K. Nagar, District - Purnea
4. Sanjay Kumar Yadav @ Sanjay Yadav Son of Baidyanath Yadav @ Baijnath
Yadav Resident of Kajha Baniapatti, Ward No.- 5, P.S.- K. Nagar, District -
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Md. Fazle Karim, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard Md. Fazle Karim, learned counsel appearing on
behalf of the petitioners and Mr. Umeshanand Pandit, learned
APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 74, 303(2), 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on
account of monetary dispute, all the F.I.R. named accused
persons, including these petitioners, assaulted son and husband
of informant by means of lathi, danda and dabiya.
Patna High Court CR. MISC. No.1979 of 2026(2) dt.02-02-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. The present case is counter-blast of
K. Nagar P.S. Case No. 220 of 2025 which was lodged by the
petitioner’s side against the informant and others and only with
a view to save their skin from the aforesaid case, this false and
concocted case has been lodged. Allegation of assault is general
and omnibus and no specific accusation of overt act has been
alleged against these petitioners. Doctor has found the injuries,
allegedly caused by these petitioners, simple in nature.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, case and counter-case, nature of injuries allegedly caused
by these petitioners and clean antecedents of the petitioners, the
prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.1979 of 2026(2) dt.02-02-2026
3/3
amount each to the satisfaction of learned C.J.M., Purnea in
connection with K. Nagar P.S. Case No. 222 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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