Patna High Court
Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail is granted to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, four members of the Yadav family, sought anticipatory bail fearing arrest in a criminal case (Goradih P.S. Case No.27 of 2026) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners participated in a series of assaults on an informant and others, causing head injuries, and threatened the informant's family. The petitioners contended they were falsely implicated, that the incidents arose from a private family dispute, and highlighted their clean antecedent and willingness to cooperate with investigation. The State opposed the bail, arguing the seriousness of the offences. After considering the facts, the court granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to the conditions of Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the nature of the alleged offences.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the allegations constitute cognizable offences warranting immediate arrest.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 351(2)(3), 352, 482(2)
Subjects
- anticipatory bail
- assault
- false implication
- clean antecedent
- Section 482
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26184 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- GORADIH District- Bhagalpur
======================================================
1. Mukesh Yadav Son of Upendra Yadav. Resident of Village-Ramchandrapur,
P.S.- Goradih, District-Bhagalpur.
2. Adhik Kumar Yadav @ Adhik Yadav Son of Upendra Yadav. Resident of
Village-Ramchandrapur, P.S.- Goradih, District-Bhagalpur.
3. Mrityunjay @ Mehadi Yadav Son of Upendra Yadav, Resident of Village-
Ramchandrapur, P.S.- Goradih, District-Bhagalpur.
4. Ajit Kumar Son of Yogendra Yadav, Resident of Village-Ramchandrapur,
P.S.- Goradih, District-Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Rajendra Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Goradih P.S. Case No.27 of 2026 instituted under Sections
190, 191(2), 115(2), 126(2), 117(2), 109, 352, 351(2)(3) of the
B.N.S., 2023.
3. As per the prosecution case, all the 14 named
accused persons including the petitioners have assaulted the
informant due to previous enmity. It is alleged that co-accused
Rajesh Yadav assaulted the husband of informant by means of
chain of motorcycle due to which he received head injury.
Patna High Court CR. MISC. No.26184 of 2026(2) dt.22-04-2026
2/3
Petitioner no.2 assaulted one Sanoj Yadav due to which he
received head injury. Co-accused Ajit Yadav assaulted on the
head of one Manoj Yadav by means of brick. Co-accused
Rajnish Yadav assaulted on the head of one Amarjeet Kumar. It
is alleged that all the accused persons including the petitioners
threatened the informant and her family members of dire
consequences.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that both the parties are agnates to each
other and a partition suit is pending between the parties.
Learned counsel submits that on some petty dispute, free fight
taken place between the parties in which both the parties got
injured. He further submits that the injuries to the injured is
simple in nature caused by hard and blunt substance. Learned
counsel submits that petitioners have got clean antecedent and
they undertake to cooperate in the investigation and trial of the
case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
Patna High Court CR. MISC. No.26184 of 2026(2) dt.22-04-2026
3/3
nature of allegation leveled against the petitioners as well as
their clean antecedent, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned C.J.M.,
Bhagalpur/ concerned Court in connection with Goradih P.S.
Case No.27 of 2026, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
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