Patna High Court
Bipin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners, subject to conditions.
Summary
The petitioners, Bipin Yadav and O.P. Yadav, sought anticipatory bail after the police registered a case alleging they assaulted the husband of an informant with an iron rod, invoking sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the B.N.S. The State opposed the bail, arguing the offences were serious. The petitioners contended the incident arose from a petty village dispute and the injuries were minor. The court examined the nature of the alleged injuries and the circumstances of the altercation. Finding the injuries simple and the dispute minor, the court allowed the anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties each, subject to Section 482(2) of the B.N.S. The order applies for any arrest within eight weeks from the date of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the applicable provisions of the B.N.S. and Section 482(2).
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal law
- assault
- Section 482
- Bihar High Court
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19955 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- DHORAIYA District- Banka
======================================================
1. Bipin Yadav S/O Shankar Prasad Yadav Resident of Village- Rangaon
Bichotiya, P.S- Dhoraiya, District- Banka.
2. O.P. Yadav @ Upendra Yadav S/O Vijay Yadav Resident of Village-
Rangaon Bichotiya, P.S- Dhoraiya, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Sudhir Kumar Mishra, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel appearing on behalf of the
petitioners and 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), 109(1), 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that these
petitioner entered into house of informant, Petitioner No. 2
caught hold of husband of informant and Petitioner No. 1
assaulted on the head of husband of informant with iron rod.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
Patna High Court CR. MISC. No.19955 of 2026(2) dt.08-04-2026
2/2
co-villagers and due to petty dispute, altercation took place
between the parties in which husband of informant sustained
some injuries. As per injury report, injuries sustained by
husband of informant are simple in nature.
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
and nature of injuries allegedly caused by these 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
amount each to the satisfaction of learned A.C.J.M. Ist, Banka in
connection with Dhoraiya P.S. Case No. 204 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
Checking your session…