Patna High Court
Naresh Yadav @ Naresh Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail with a bond and sureties, subject to conditions under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Naresh Yadav, sought anticipatory bail after an FIR was lodged for alleged assault with an iron rod, resulting in minor injuries to the informant's nephew. The FIR listed offences under Sections 126(2), 115(2), 117(2), 109(1), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita. The State opposed the bail, arguing the seriousness of the charges. The Court considered the nature of the injury, which was deemed simple, and the possibility of surrender within eight weeks. Accordingly, the Court ordered bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 117(2), 109(1), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita
- Whether the nature of injury and the possibility of surrender justify bail under Section 482 of the B.N.S.S.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bhartiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.272 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- LACHHUAR District- Jamui
======================================================
Naresh Yadav @ Naresh Prasad Yadav Son of Late Ram Yadav R/o Village -
Khutkat, P.S.- Lachhuar, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niranjan Parihar
For the Opposite Party/s : Mr.Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 117(2),
109(1), 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., on a trivial issue, a free fight took
place between the parties, in which both sides sustained injury.
Case and counter case. This petitioner is alleged to have
assaulted on the head of nephew of informant with iron rod.
Doctor has found the injury simple in nature.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
5. Considering the nature of injury, in the event of
arrest/surrender within a period of eight weeks from today, let
Patna High Court CR. MISC. No.272 of 2026(2) dt.21-01-2026
2/2
the above named petitioner be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Jamui in connection with Lachhuar P.S.
Case No. 133 of 2025, subject to condition as laid down under
Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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