Patna High Court
Rajiv Yadv @ Rajeev Kumar Yadav @ Rajeev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail must be granted as the injury is simple and the petitioner has a clean antecedent.
Summary
The petitioner, Rajiv Yadav, sought anticipatory bail fearing arrest in connection with FIR No. 451 of 2025 alleging assault, robbery and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with others, attacked a woman and her nephew, causing injuries and stealing jewellery, supported by video evidence. The petitioner contended that the injuries were simple, he has no prior criminal record, and the allegations against him are minimal. The State opposed the bail, arguing the seriousness of the offences. Considering the simple nature of the injury and the petitioner's clean antecedent, the Court granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the nature of the alleged injuries and the petitioner's clean antecedent justify the grant of bail despite the serious charges under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(1), 126(2), 191(2), 303(2), 329(4), 351(2), 352, 76
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- robbery
- Criminal Procedure Code
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30536 of 2026
Arising Out of PS. Case No.-451 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Rajiv Yadv @ Rajeev Kumar Yadav @ Rajeev Yadav S/o- Anand Kishor
Yadav Resident of Village- Barahi PS-Biraul District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Yadav, Adv.
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-06-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Biraul P.S. Case No. 451 of 2025, F.I.R dated
02.11.2025 registered for the offences punishable under
Sections 329(4), 126(2), 115(2), 109, 117(1), 352, 351(2),
191(2), 76, 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant
alleged that while she was working behind her house along
with her nephew, the accused persons along with 4-5
unknown persons arrived armed with lathi, danda and iron
rods, abused them and assaulted them. The informant
sustained heard injuries due to iron rod assaulte and her
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nephew also received serious injuries and was referred from
DMCH, Darbhanga to PMCH, Patna for treatment. It is
further alleged that gold jewellery was snatched and the
occurrence was witnessed by local people and supported by
video footage.
4. Learned counsel for the petitioner submits that
after registering an FIR by one Suresh Yadav from petitioner's
side bearing Biraul PS case no 438 of 2025 dated 30.10.2025,
the instant FIR is said to have been filed by the informant. It
has next been submitted that both the sides have sustained
injuries and the specific allegation of assault, which is said to
have caused injury to Param Sheela Devi, have been found to
be simple in nature and this fact has not been refuted by
learned APP. Lastly, it has been submitted that the petitioner
has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and
circumstances and taking into account that the injury caused
upon the informant is simple in nature and the petitioner has
got clean antecedent. Accordingly, this Court is inclined to
grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
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his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM-1st class, Biraul, Darbhanga
in connection with Biraul P.S. Case No.451 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following
conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona
fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing
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any criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rajan/-
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