Patna High Court
Naresh Yadav @ Ram Naresh PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 190, 191(2), 303(2), 329(3), 351(2), 352, 76
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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