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Patna High Court

Raj Kumar Yadav @ Raja Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to a bond and sureties.

Summary

Petitioner Raj Kumar Yadav sought bail after being implicated in Nawada Police Station Case No.267 of 2026, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 arising from a money dispute with the informant, the proprietor of M/s Poonam Enterprises. The dispute involved the petitioner’s driver allegedly abusing the informant and refusing payment. The petitioner contended that the case was a counter‑claim to another case (PS Case No.266) and that he had no prior criminal record. The Additional Public Prosecutor opposed bail. The Court, after considering the facts, the nature of the allegations and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions. The bail application was allowed.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving alleged offences under Sections 316(2), 318(4), 115(2), 126(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the nature of the money dispute and the petitioner’s lack of antecedents justify bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • money dispute
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • transport business
  • no criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31840 of 2026
                       Arising Out of PS. Case No.-267 Year-2026 Thana- NAWADA District- Nawada
                 ======================================================
                 Raj Kumar Yadav @ Raja Kumar Yadav, aged abut 47 years, Male, S/o
                 Ramotar Yadav, R/o village- Bihta, P.S.- Hathiyawan, Sheikhpura, Distt.-
                 Sheikhpura
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bipin Kumar, Advocate
                                                  Mr. Abhishek Kumar, Advocate
                                                  Ms. Sarita Kumari, Advocate
                                                  Mr. Ravi Kant, Advocate
                                                  Ms. Sukriti Kumari, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   07-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Nawada PS Case No.267 of 2026 dated 09.03.2026, instituted

                   under Sections 316(2), 318(4), 115(2), 126(2), 352, 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                 3. The dispute relates to money transaction in course

                   of business between the petitioner and the informant. It is

                   alleged that on the alleged date of occurrence when the

                   informant asked the driver of the petitioner to make a call to the

                   owner of the vehicle upon which driver of the vehicle became

                   infuriated and started abusing to the informant and also refused

                   to pay the amount.
            Patna High Court CR. MISC. No.31840 of 2026(2) dt.07-05-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submitted that

                      the present case is counter case of Town (Nawada) PS Case

                      No.266 of 2026 dated 09.03.2026 instituted by the driver of the

                      petitioner against the informant’s side. There is money dispute

                      between the parties and the informant is the Proprietor of M/s

                      Poonam Enterprises, whereas, the petitioner is the Transporter.

                      There is claim and counter claim against each. Lastly, it is

                      submitted that the petitioner has no criminal antecedents.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties as

                      well as the nature of allegation, in the event of arrest or

                      surrender before the Court below within six weeks from today,

                      the petitioner be released on bail upon furnishing bail bonds of

                      Rs. 10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Chief Judicial Magistrate,

                      Nawada, in Nawada PS Case No.267 of 2026, subject to the

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

                      Nagarik Suraksha Sanhita, 2023.

                                   7. The application stands allowed.


                                                                   (Khatim Reza, J)
J. Alam/-
U       T


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