Patna High Court

Ravi Yadav @ Ravindra YadavversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail was denied.

Summary

The petitioner, Ravi Yadav, was named in FIR No. 379 of 2025 for assaulting the informant's wife with a khanti and other related offences under the Bharatiya Nyaya Sanhita, 2023. He applied for anticipatory bail, claiming innocence, a clean antecedent, and that the dispute arose from a petty village quarrel, with a counter‑case also filed by him (Roh P.S. Case No. 380 of 2025). The State opposed bail, emphasizing the specific allegation of assault on the informant's wife. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, noting the seriousness of the allegations. However, the Court directed that if the petitioner surrenders within four weeks, the trial court should consider a surrender‑cum‑bail application on its merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the allegations of assault.
Whether the petitioner's claim of a clean antecedent and a counter‑case affect the grant of anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 3(5), 74

Subjects

anticipatory bail
assault
FIR
Bharatiya Nyaya Sanhita
criminal procedure
clean antecedent
counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21854 of 2026
                         Arising Out of PS. Case No.-379 Year-2025 Thana- ROH District- Nawada
                 ======================================================
                 Ravi Yadav @ Ravindra Yadav Son of Dwarika Yadav R/o At - Kataiya, P.S.-
                 Roh, District - Nawada.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Roh P.S. Case No. 379 of 2025 lodged on 06.11.2025, for

                   the offence punishable under Sections 126(2), 115(2), 117(2),

                   109(1), 74 & 3(5) of the Bharatiya Nyaya Sanhita, 2023,

                   pending in the Court of J.M. 1st Class, Nawada.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons including the present petitioner.

                   The allegation against the petitioner is that he has assaulted the

                   informant’s wife by khanti due to which she injured and fell

                   down. It has also been alleged in the FIR that other accused

                   persons have assaulted the informant, his son and his mother by

                   lathi danda, due to which, injury has been caused.
Patna High Court CR. MISC. No.21854 of 2026(2) dt.08-04-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the informant’s side and the petitioner’s side are

          resident of same village and on petty dispute, the scuffling took

          place between the parties. Counsel submits that for the same

          date and place of occurrence, there are case and counter case

          from both the sides i.e. one case has been lodged from the

          petitioner’s side bearing Roh P.S. Case No. 380 of 2025 and the

          present case has been lodged from the informant’s side bearing

          Roh P.S. Case No. 379 of 2025. Counsel further submits that the

          petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that as per the FIR, there is

          specific allegation against the present petitioner to assault the

          informant’s wife by khanti.

                       6. As such, in the present facts and circumstances, this

          Court is not inclined to grant bail to the petitioner. Accordingly,

          the prayer for anticipatory bail of the petitioner is hereby

          rejected.

                       7. However, if petitioner surrenders before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, the Trial Court is directed to pass order on his
             Patna High Court CR. MISC. No.21854 of 2026(2) dt.08-04-2026
                                                         3/3




                       surrender-cum-bail application on the same day, without being

                       prejudice that the anticipatory bail of the petitioner has been

                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T

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