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Patna High Court

Vivek Yadav @ Vivek Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U      T


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