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Patna High Court

Sudhir Yadav @ Sudhir Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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