Patna High Court
CHUMAN YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the anticipatory bail application, granting bail subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Chuman Yadav, sought anticipatory bail in connection with a criminal case (PS Case No. 384 of 2025) alleging his participation in an unlawful assembly that assaulted an informant and her son, resulting in injuries. The prosecution charged him under multiple sections of the B.N.S., including offences relating to unlawful assembly, assault, and attempt to murder. The petitioner contended that he was merely a bystander, falsely implicated due to a prior dispute, and had no criminal antecedents. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the court granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the charges under the B.N.S.
- Whether the petitioner was a participant in the alleged unlawful assembly or merely a bystander
- Whether the allegations disclose sufficient ground for arrest warrant
Legislation cited
Subjects
- anticipatory bail
- unlawful assembly
- assault
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23546 of 2026
Arising Out of PS. Case No.-384 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
CHUMAN YADAV Son of Lalbabu Yadav Resident of Village - Khotahawa,
Ward No.- 13, Police Station - Dhanaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanobar Shahnaz, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Dhanaha P.S. Case No. 384 of 2025 dated
25.11.2025 registered for the offences punishable under
Sections 191(2), 190, 329(3), 126(2), 115(2), 118(1), 109(1),
352, 351(3), 79 and 303(2) of the B.N.S.
3. As per the allegation, this petitioner along with
several co-accused persons forming an unlawful assembly came
at the door steps of the informant and started assaulting the
informant and her son, namely, Nitish Patel as a result of which
both of them got injuries on head and hand. Thereafter, it is
alleged that this petitioner assaulted by means of lathi on the
head of the son of the informant.
Patna High Court CR. MISC. No.23546 of 2026(2) dt.22-04-2026
2/3
4. Learned counsel for the petitioner has submitted
that the petitioner has been made accused on the backdrop of
previous dispute and the petitioner was never a part of the
unlawful assembly. Moreover, it has been submitted that the
injuries sustained by the son of the informant is simple in nature
which fact has been mentioned in paragraph-9 of the
anticipatory bail application, there is no allegation of repetition
of blow against the petitioner and in fact he fell down on the
ground and received injuries as a result of scuffle with the co-
accused persons. It has further been submitted that the petitioner
was present at the alleged place of occurrence as a bystander
and thinking the petitioner to be the associate of the co-accused
persons, the informant got this petitioner falsely implicated. The
petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record, let the
above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail-bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of the learned court concerned, Bagaha, West
Patna High Court CR. MISC. No.23546 of 2026(2) dt.22-04-2026
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Champaran in connection with Dhanaha P.S. Case No. 384 of
2025, subject to conditions as laid down under section 482(2) of
the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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