Patna High Court
Ritik Yadav @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions stipulated under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioners, three brothers from Gaya, applied for anticipatory bail fearing arrest in a case registered under Sections 127(1), 115(2), 109, 303(2) and 3(5) of the Bhartiya Nyaya Sanhita. The FIR alleges that they, along with two co‑accused, assaulted the son of an informant, but the medical report shows only simple injuries and the charge of assault is described as general and omnibus. The State opposed the bail, contending that the offences are cognizable and serious. The Court examined the nature of the alleged injury, the specificity of the allegations and the statutory provision for anticipatory bail. It held that, given the modest nature of the injuries and the lack of a detailed charge, the petitioners were entitled to bail. Accordingly, the Court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties each, within eight weeks of the order, subject to the conditions of Section 482 of the Bhartiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bhartiya Nyaya Sanhita in view of the alleged assault.
- Whether the allegations in the FIR constitute a cognizable offence warranting immediate arrest.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 127(1), 303(2), 3(5), 482
Subjects
- anticipatory bail
- criminal procedure
- assault
- Section 482
- Bhartiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2409 of 2026
Arising Out of PS. Case No.-633 Year-2024 Thana- GAYA MUFASIL District- Gaya
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1. Ritik Yadav @ Dharmendra Kumar Son of Shiv Bachan Yadav R/o Village -
Moh Nauranga, Narayan Nagar, P.S. - Gaya Muffasil, District - Gaya Ji
2. Chhotu Yadav @ Ravindra Kumar @ Chotu Yadav Son of Shiv Bachan
Yadav R/o Village - Moh Narayana Nagar, Manpur, P.S. - Gaya Muffasil,
District - Gaya Ji
3. Jitendra Yadav @ Jitendra Kumar Son of Rajkishore Prasad @ Raj Kishor
Prasad Yadav R/o Village - Moh Nauranga, P.S. - Gaya Muffasil, District -
Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 127(1), 115(2), 109,
303(2) & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., these petitioners and other two co-
accused persons are alleged to have assaulted son of informant.
Doctor has found the injuries simple in nature. Allegation of
assault is general and omnibus.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
Patna High Court CR. MISC. No.2409 of 2026(2) dt.31-01-2026
2/2
5. In the facts & circumstances of the case as well as
nature of injury, in the event of arrest/surrender within a period
of eight weeks from today, let the above named petitioners be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Gaya in
connection with Gaya Muffasil P.S. Case No. 633 of 2024,
subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay/-
U
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