Patna High Court
Deep Narayan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on the basis of a prima facie free‑fight and the petitioners’ clean antecedent, anticipatory bail under Section 438 CrPC is warranted.
Summary
The petitioners, Deep Narayan Yadav and Bhim Kumar, were named in an FIR for assault, outraging modesty, and theft under several IPC sections. They applied for anticipatory bail, arguing that the allegations were false, the incident was a free‑fight, and they have clean antecedents. The State opposed the bail. The court examined the medical report, noted inconsistencies in the informant's version, and observed that the case appeared prima facie to be a free‑fight. Consequently, the court ordered that the petitioners be released on anticipatory bail upon surrendering within four weeks and furnishing a bail bond with sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the allegations under the IPC.
- Whether the FIR allegations constitute a cognizable offence that justifies denial of bail.
- Whether the facts indicate a prima facie free‑fight warranting bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307, 323, 325, 341, 354-B, 379, 504/34
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- assault
- outraging modesty
- theft
- free-fight
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25142 of 2026
Arising Out of PS. Case No.-33 Year-2023 Thana- KUMAR KHAND District- Madhepura
======================================================
1. Deep Narayan Yadav Son of Late Chhuto Yadav Resident of Village-
Laxmipur Chandi Asthan, Ward No. 01, P.S.- Kumar Khand, District-
Madhepura
2. Bhim Kumar Son of Deep Narayan Yadav Resident of Village- Laxmipur
Chandi Asthan, Ward No. 01, P.S.- Kumar Khand, District- Madhepura
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Punita Kumari Singh, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Kumar Khand P.S.
Case No. 33 of 2023 registered for the offences punishable
under Sections 341, 323, 307, 325, 379, 354-B, 504/34 of the
I.P.C.
3. As per FIR, petitioners along with other accused
persons assaulted the informant and also outrage her modesty
and further snatched the golden earring worth Rs. 21,000/-.
4. Learned counsel appearing on behalf of the petitioners
submitted that parties are agnates and are in inimical terms. It is
submitted that for the same occurrence petitioners have also
Patna High Court CR. MISC. No.25142 of 2026(2) dt.23-04-2026
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lodged a case against the informant and others which was
registered as Kumar Khand P.S. Case No. 66/2023. It is pointed
out that even the present case was lodged due to oblique motive
after 12 days of the occurrence i.e. for occurrence dated
19.02.2023, case was lodged on 01.02.2023.
5. Arguing further, it is submitted that the allegation
against petitioner no. 1 is only to outrage the modesty of the
informant, whereas allegation against petitioner no. 2 is specific
as to assault on the head of the informant by using iron rod. It is
pointed out that upon medical examination of informant, no
head injury was noticed, which makes the entire allegation false
on its face. It is submitted that other injuries as near to chest i.e.
clavicle bone appears to be caused specifically by the co-
accused Pintu Yadav, who is not the petitioner here. Petitioners
are the men of clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. In view of the aforesaid factual submissions and by
taking note of the fact as the occurrence prima facie appears
free-fight in nature, where injury report also creates a doubt
regarding version of the informant qua occurrence, accordingly,
the above-named both petitioners namely, Deep Narayan Yadav
Patna High Court CR. MISC. No.25142 of 2026(2) dt.23-04-2026
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and Bhim Kumar, who are of clean antecedent, in the event of
their arrest/surrender within a period of four weeks from this
order, are directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) each with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Madhepura/concerned court in connection
with Kumar Khand P.S. Case No. 33 of 2023, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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