Patna High Court
Vivek Yadav @ Vivek Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted pre‑arrest bail to the petitioner subject to bond and surety conditions.
Summary
Vivek Yadav applied for pre‑arrest bail in connection with a case registered under multiple offences of the Bharatiya Nyaya Sanhita, alleging that he assaulted an informant and his wife during a land‑dispute scuffle. The petitioner argued that the parties were neighbours, the injuries were simple, and he had a fair antecedent, supporting his bail request. The State opposed the bail, emphasizing the seriousness of the charges. The court, after considering the nature of the injuries, the land‑dispute context, and the petitioner's clean record, ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita. The order also required one bailor to be a close family member of the petitioner.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita
- Whether the simple nature of injuries and the petitioner's fair antecedent justify bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- pre‑arrest bail
- bail bond
- surety
- assault
- land dispute
- simple injury
- fair antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2483 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- BIHIA District- Bhojpur
======================================================
Vivek Yadav @ Vivek Kumar Yadav S/o Bijay Yadav @ Vijay Yadav R/o
Village - Belauna, P.S. - Bihiya, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Opposite Party/s : Mr. Bhanu Pratap Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate appearing on behalf of the
petitioner and the learned Additional Public Prosecutor for the
State.
2. The petitioner apprehends his arrest in connection
with Bihiya P.S. Case No. 425 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 109(1),
303(2), 74, 351(2), 352 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. Allegedly on the fateful day while the informant
was sitting at his door, in the meanwhile, the petitioner
alongwith other co-accused persons armed with various
weapons came there and started abusing and assaulting. It is
specifically alleged that this petitioner made exhortation and
thereupon assaulted the informant by means of iron rod over his
Patna High Court CR. MISC. No.2483 of 2026(2) dt.04-02-2026
2/3
head, due to which he sustained serious injuries. When the wife
of the informant came to his rescue, she was also assaulted by
other accused persons. There is further allegation of snatching
of valuables.
4. Learned Advocate appearing on behalf of the
petitioner submitted that the parties are next door neighbour
and, in fact, they are bickering over some land dispute, due to
which a scuffle took place, in which some unfortunate injuries
has sustained to the informant and his wife. Moreover, the
injuries which are allegedly sustained to the informant and his
wife are concerned, the same are simple in nature. To support
the aforesaid contention, the injury report of the informant and
his wife have been placed on record as Annexure 2 series to the
bail application. The petitioner bears fair antecedent and he
undertakes that he will fully cooperate in the proceeding of the
Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the genesis of the occurrence coupled with the simple nature of
injury, besides the fair antecedent of the petitioner, let the
Patna High Court CR. MISC. No.2483 of 2026(2) dt.04-02-2026
3/3
petitioner above named be released on bail, in the event of his
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Bhojpur in connection
with Bihiya P.S. Case No. 425 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close family members of the petitioner.
(Harish Kumar, J)
supratim/-
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