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Patna High Court

Naresh Yadav @ Ram Naresh PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Naresh Yadav, sought bail in a criminal case (Giriyak P.S. Case No. 197 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and misbehaviour. He claimed the allegations stemmed from a private dispute and that he was at his workplace on the date of the incident, supporting this with an attendance sheet and a certificate from the District Education Officer. The petitioner also argued that the FIR was a retaliatory measure linked to a prior FIR against the informant's husband and that the injury to the informant was simple. The State opposed the bail, contending the seriousness of the offences. The court, considering the simple nature of the injury, the existence of a prior FIR against the informant’s husband, and the petitioner’s alibi, granted bail subject to a Rs.10,000 bond, two sureties, and a condition under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including that one bailor be a close relative.

Issues considered

  • Whether the petitioner is entitled to bail in view of the alleged offences and the nature of the injury.
  • Whether the petitioner’s alibi and the existence of a prior FIR against the informant’s husband justify granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • alibi
  • simple injury
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2789 of 2026
                       Arising Out of PS. Case No.-197 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Naresh Yadav @ Ram Naresh Prasad, Son of Yamuna Yadav @ Shri Yamuna
                 Prasad, Resident of Village- Ghosrawan, Dularia Bigha, P.S.- Giriyak,
                 District- Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhav Raj, Advocate
                 For the Opposite Party/s :       Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Giriyak P.S. Case No. 197 of 2025 registered

                   for the offences punishable under Sections 352, 76, 109, 303(2),

                   351(2), 115(2), 329(3), 191(2) and 190 of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. Allegedly, while the informant along with her

                   daughter-in-law was in the home, in the meanwhile, the

                   petitioner along with other accused persons barged into the

                   house and started abusing. On protest, co-accused Pappu Yadav

                   assaulted the informant and when the daughter-in-law of the

                   informant came to her rescue, this petitioner caught her hair and

                   thrashed her down, besides the allegation of misbehaviour.
Patna High Court CR. MISC. No.2789 of 2026(2) dt.04-02-2026
                                            2/3




          There is further allegation against the other accused persons of

          causing assault.

                       4. Learned Advocate for the petitioner submitted that

          admittedly there is on going dispute between the parties, which

          resulted into some scuffle and taking shelter of such incidence,

          the present F.I.R. came to be instituted against the petitioner and

          his all the family members to wreak vengeance. It is further

          contended that on the alleged date of occurrence the petitioner

          was in the office, who has been working as an Office Attendant

          in the office of District Education Officer, Rohtas. To support

          the aforesaid contention, the attendance sheet and the certificate

          furnished by the District Education Officer, Rohtas have also

          been placed on record as Annexure-3 to the petition. It is further

          contended that the present case is nothing, but a counter blast of

          Giriyak P.S. Case No. 194 of 2025, which is instituted against

          the husband of the informant. The petitioner though bears three

          criminal antecedents, however, two of them relates to single

          incidence and later on the parties have compromised. It is lastly

          contended that be that as it may, the injury, which is allegedly

          sustained to the informant is found to be simple in nature.

                       5. On the other hand, learned APP for the State

          opposes the bail application.
             Patna High Court CR. MISC. No.2789 of 2026(2) dt.04-02-2026
                                                         3/3




                                     6. Regard being had to the submissions made on

                       behalf of the parties and considering the materials available on

                       record, especially the fact that the nature of injury is simple,

                       besides before institution of the present case, there was an F.I.R.

                       instituted against the husband of the informant, let the petitioner,

                       named above, in the event of his arrest or surrender before the

                       court     below      within      four     weeks     from   the   date   of

                       receipt/production of a copy of this order, be released on bail on

                       furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Chief Judicial Magistrate, Nalanda in connection with

                       Giriyak (Pawapuri) P.S. Case No. 197 of 2025, subject to the

                       condition as laid down under Section 482 (2) of the Bharatiya

                       Nagarik Suraksha Sanhita, 2023 with the further condition that

                       one of the bailors shall be the own/close relative of the

                       petitioner.


                                                   (Harish Kumar, J)
uday/-

U        T


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