Patna High Court
Sudhir Yadav @ Sudhir Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions.
Summary
Sudhir Yadav applied for anticipatory bail fearing arrest in a case (Harnaut P.S. Case No. 513 of 2025) where several persons were alleged to have assaulted an informant's family. The prosecution alleged that the accused entered the informant's house armed and caused injuries. The petitioner claimed innocence, asserting that the allegations were fabricated and that he has no criminal antecedent. The State opposed the bail, but the court noted that similar accused had been granted anticipatory bail in a related matter. Considering the circumstances, the court granted anticipatory bail subject to a bond, sureties, cooperation with investigation, and verification of any concealed criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner’s alleged lack of criminal antecedent warrants bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 329(4), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- false implication
- assault
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21223 of 2026
Arising Out of PS. Case No.-513 Year-2025 Thana- HARNAUT District- Nalanda
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Sudhir Yadav @ Sudhir Prasad Yadav S/o- Medani Yadav R/v- Manikpur
Chero Ps- Harnaur Dist- Nalanda, Biharsharrif ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar Singh, Adv
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Harnaut P.S. Case No. 513 of 2025, registered for the
offence punishable under Sections 126(2), 329(4), 115(2),
117(2), 109(1), 352 and 3(5) of BNS, 2023.
3. The case of the prosecution, in short, as per the
informant is that on 13.11.2025 at around 07:00 hrs when he
was at home with his family members. At that time, Sudhir
Yadav, Chandan Kumar, Sanjay Yadav, Manish Kumar, Ganesh
Kumar and Anish Kumar, all are residents of Manikpur, Police
Station Harnaut, District Nalanda entered his house armed with
lathi-danda and started abusing and beating, due to which all of
the family members of informant got badly injured. Meanwhile,
Saurabh Kumar, Ajeet Kumar Meena Devi, Sakho Devi and
Sobha Kumari also came and assaulted the informant and his
Patna High Court CR. MISC. No.21223 of 2026(2) dt.08-04-2026
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family members and vandalised their belongings. Entire family
members were badly injured due to the assault by these accused
persons. With the help of the villagers, somehow they saved
their lives. After which informant and his family members went
to the Government Hospital, Kalyan Bigha, where the doctor
treated them while seriously injured persons were referred to
Sadar Hospital, Bihar Sharif for better treatment.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He
further submits that he has falsely been implicated in the present
case. The allegations levelled against the petitioner are wholly
false, fabricated and devoid of any factual basis. He further
submits that the petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. From perusal of the record, it appears that it is a
case of dispute between gotiyas and the other accused persons
namely Sanjay Yadav, Ganesh Kumar and Saurabh Kumar have
already been granted anticipatory bail by order dated 06.01.2026
in A.B.P. No. 2267 of 2025 by the learned Additional Sessions
Judge-II, Nalanda at Biharsharif. Considering the facts and
circumstances of the present case, this Court is inclined to grant
Patna High Court CR. MISC. No.21223 of 2026(2) dt.08-04-2026
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privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Magistrate-I, Nalanda at Bihar Sharif in connection with
Harnaut P.S. Case No. 513 of 2025, subject to the conditions
laid down under section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and subject to the further condition
that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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