Patna High Court
Upendra Kumar Yadav @ Upendra YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the petitioners' clean antecedent and the nature of the allegations, anticipatory bail should be granted subject to conditions under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, three Yadav brothers from Rampur, sought anticipatory bail fearing arrest in a case (Shivsagar PS Case No.23 of 2026) filed under Sections 115(2), 126(2), 109 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners assaulted an informant and his family while the informant was milking his cattle. The petitioners contended that the incident was a mutual fight arising from a petty neighbour dispute, that both sides have injuries, and that they have clean antecedents and will cooperate with investigation. The State opposed the bail, arguing the seriousness of the allegations. The Court, after weighing the facts, the clean record of the petitioners and the nature of the allegations, granted anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, to be surrendered to the Chief Judicial Magistrate, Sasaram, under Section 482(2) of the B.N.S., 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present circumstances?
- Do the allegations of assault and the sections invoked justify denial of bail?
- Do the petitioners' clean antecedent and willingness to cooperate warrant bail despite the seriousness of the charges?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 3(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- assault
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29132 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- SHIVSAGAR District- Rohtas
======================================================
1. Upendra Kumar Yadav @ Upendra Yadav S/o Bangali Yadav, Resident of
Village - Rampur, P.S.- Sheosagar, District- Rohtas.
2. Malik Yadav S/o Bangali Yadav, Resident of Village-Rampur, Police
Station-Sheosagar, District-Rohtas.
3. Vishal Yadav @ Bijendra Yadav S/o Bengali Yadav, Resident of Village-
Rampur, Police Station-Sheosagar, District-Rohtas.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Shivsagar P.S. Case No.23 of 2026 instituted under
Sections 115(2), 126(2), 109, 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that while he was going to milk his cow and buffalo,
then the petitioner nos.1 & 3 have assaulted him and his family
members causing injury to them.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.29132 of 2026(2) dt.06-05-2026
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case. He further submits that both the parties are agnates and
next door neighbors to each other. Learned counsel submits that
due to petty dispute, a free fight taken place between the parties,
in which both the parties got injured. He further submits that for
the same occurrence, there is case and counter case between the
parites. Learned counsel submits that injuries to the injured is
grievous in nature but the same is not on the vital part of the
body. He further submits that petitioners have 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 against the petitioners as well as their clean
antecedent, in the event of arrest or surrender before the Court
below within six weeks 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 Chief Judicial Magistrate,
Sasaram/ concerned Court in connection with Shivsagar P.S.
Case No.23 of 2026, subject to the conditions laid down in
Patna High Court CR. MISC. No.29132 of 2026(2) dt.06-05-2026
3/3
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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