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Patna High Court

Subhash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to bail bonds of Rs 10,000 each with two sureties, under Section 482(2) of the B.N.S., 2023.

Summary

The petitioners—Subhash Yadav, Bijal Yadav and Kanchan Devi—sought anticipatory bail fearing arrest in a case (Maheshkhunt P.S. Case No.170 of 2025) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the co‑accused Manohar Yadav, a relative of the petitioners, committed robbery and, after being confronted, called the petitioners who assaulted the informant with a lathi, causing a simple injury. The petitioners contended they were falsely implicated, that the FIR was lodged after an unreasonable five‑day delay, and that the allegations were vague and the injury minor. The State opposed the bail. Considering the nature of the allegation, the minor injury, and the circumstances, the Court granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the allegations of assault and robbery, given the simple nature of injury, warrant arrest.
  • Whether the delay in filing the FIR affects the grant of bail.
  • Whether the petitioners’ familial relationship with the co‑accused influences bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • false implication
  • simple injury
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27897 of 2026
                  Arising Out of PS. Case No.-170 Year-2025 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
           1.     Subhash Yadav S/o Late Jogo Yadav, Resident of Village- Chhoti Madarpur,
                  P.S.- Maheshkhunt, District- Khagaria
           2.    Bijal Yadav S/o Late Jogo Yadav, Resident of Village- Chhoti Madarpur,
                 P.S.- Maheshkhunt, District- Khagaria
           3.    Kanchan Devi W/o Bijal Yadav, Resident of Village- Chhoti Madarpur, P.S.-
                 Maheshkhunt, District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binod Kumar, Advocate.
                                                 Mr. Amar Kumar Singh, Advocate.
                 For the Opposite Party/s :      Mr. Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   29-04-2026                   1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Maheshkhunt P.S. Case No.170 of 2025 instituted under

                   Sections 126(2), 115(2), 303(2), 109, 352, 351(2), 351(3), 3(5)

                   of the B.N.S., 2023.

                                 3. As per the prosecution case, co-accused Manohar

                   Yadav @ Manohar Rai came at the shop of informant on his

                   Apache motorcycle and forcibly started taking goods from his

                   shop. On protest by the informant, the co-accused started

                   abusing him and called petitioner no.1 & 3, who came with lathi
Patna High Court CR. MISC. No.27897 of 2026(2) dt.29-04-2026
                                            2/3




          and stick and attacked on him due to which he sustained

          injuries.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have been falsely implicated in this

          case. He further submits that petitioners are the family members

          of co-accused Manohar Yadav who has been arrested. Both the

          parties are neighbour. Learned counsel submits that allegation

          against the petitioners of assault are general and omnibus. He

          further submits that there is one injury to the injured which is

          simple in nature. Learned counsel submits that the F.I.R. has

          been lodged after delay of about 5 days without any plausible

          explanation. He further submits that petitioner no.1 & 2 have

          one criminal antecedent, in which they are on bail and petitioner

          no.3 has 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

          nature of allegation leveled against the petitioners as well as the

          fact that the injury to the injured is simple in nature, in the event

          of arrest or surrender before the Court below within six weeks
              Patna High Court CR. MISC. No.27897 of 2026(2) dt.29-04-2026
                                                          3/3




                        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 S.D.J.M., Khagaria/ concerned Court in connection with

                        Maheshkhunt P.S. Case No.170 of 2025, subject to the

                        conditions laid down in Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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