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Patna High Court

Naresh Yadav @ Naresh Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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