Patna High Court
Birendra Yadav @ Km. Dhirendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions.
Summary
The petitioner, Birendra Yadav, was charged under several sections of the Bharatiya Nyaya Sanhita for assaulting an informant with an iron rod, abusing his wife, and stealing Rs.10,000. He applied for anticipatory bail, asserting his innocence, that the alleged injury was minor, and that he has a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The court, considering the petitioner’s clean record and the nature of the accusations, granted anticipatory bail subject to surrender within eight weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs the Judicial Magistrate to process the bail upon surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- theft
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28612 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- GUTHANI District- Siwan
======================================================
Birendra Yadav @ Km. Dhirendra Kumar Yadav S/O Late Jaglal Yadav
Resident of Village- Gaderia, P.S.- Guthani, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 117(2),
109, 352, 351(2) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of informant with iron rod, abused his wife and took Rs.
10,000/- cash from his shop.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by the petitioner is simple in nature. Rest of
the allegations are ornamental only to make the case grave.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
Patna High Court CR. MISC. No.28612 of 2026(2) dt.30-04-2026
2/2
6. Considering the backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, 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, Siwan in connection with Guthani P. S. Case No. 158
of 2025, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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