Patna High Court

Butta Yadav @ Ranjan KumarversusThe State of Bihar

Decided: 6 May 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) BNS, 2023.

Summary

The petitioner, Butta Yadav, was implicated in a case involving assault on an informant and her husband, with charges under several sections of the Bharatiya Nagarik Suraksha Sanhita. He claimed innocence, alleging the case stemmed from a prior land dispute, and asserted a clean criminal record. The State opposed his request for anticipatory bail. The court considered the nature of the alleged injuries, which were described as simple, and the petitioner's lack of prior convictions. Weighing these factors, the court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and conditions of cooperation and verification of antecedents. The order was made under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged assault.
Whether the petitioner’s clean antecedent and the nature of injuries justify bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
assault
criminal procedure
bail conditions
clean antecedent
Section 438 CrPC
Section 482 BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23091 of 2026
                       Arising Out of PS. Case No.-177 Year-2025 Thana- TANKUPPA District- Gaya
                 ======================================================
                 Butta Yadav @ Ranjan Kumar Son of Devnandan Yadav Resident of Village-
                 Nimatad, P.S. and P.O.- Tankuppa, District- Gayaji (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Harsh Vardhan
                 For the Opposite Party/s :       Mr.Surendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   06-05-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 191(2),

                   190, 126(2), 115(2), 352, 118(1), 109, 74, 303(2) and 351(2) of

                   the BNS in connection with Tankuppa P.S.Case No. 177 of

                   2025.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case due to previous land dispute.

                                4. As per allegation, the petitioner, along with other

                   co-accused persons, hurled abusive language on the informant

                   and the petitioner assaulted her with iron rod on her head. When

                   her husband came to rescue her, he was also assaulted with
Patna High Court CR. MISC. No.23091 of 2026(3) dt.06-05-2026
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          lathi, causing him injury.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. The petitioner has clean antecedent. Although, there

          is allegation against the petitioner of having assaulted the

          informant and her husband, but the injuries said to have been

          sustained by them are simple in nature.                Under these

          circumstances, I am inclined to grant privilege of anticipatory

          bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction learned ACJM-IV, Gaya in connection with

          Tankuppa P.S.Case No. 177 of 2025, subject to the conditions

          laid down under section 438(2) of the Code of Criminal

          Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha

          Sanhita, 2023 and subject to 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
           Patna High Court CR. MISC. No.23091 of 2026(3) dt.06-05-2026
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                     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)
HR/-

U      T

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