Patna High Court
Subhash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2)
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
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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
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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/-
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