Patna High Court
Anmol YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioner, Anmol Yadav, applied for anticipatory bail fearing arrest in connection with PS Jadiya Case No. 223 of 2023, which alleges his participation in an unlawful assembly, assault on an informant’s father, and a subsequent death leading to charges under several IPC sections and Section 302. The prosecution claimed he ordered the killing and was part of the assault, while the petitioner asserted he did not take part, that no lethal weapons were used, and that the allegations were fabricated. The State opposed the bail application. The court examined the nature of the allegations and the petitioner’s apprehension of arrest. It granted anticipatory bail on the condition of furnishing a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, and stipulated surrender within six weeks. The order thus allows the petitioner to avoid arrest pending trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita despite allegations of involvement in offences under the IPC.
- Whether the allegations of ordering a killing and participation in assault constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 302, 307, 323, 325, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- unlawful assembly
- Indian Penal Code
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- criminal procedure
- bail conditions
- assault
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32864 of 2026
Arising Out of PS. Case No.-223 Year-2023 Thana- JADIA District- Supaul
======================================================
Anmol Yadav S/o Late Laxmi Yadav R/o Village - Parsagardhi, Tola Fasiya
Kothi, Ward No. 3, P.S - Jadiya, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amar Nath Yadav, Adv
For the Opposite Party/s : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Jadiya P.S. Case No. 223 of 2023 registered for
the offences punishable under Sections 341, 323, 325, 307, 379,
504, 506 and 34 of the I.P.C.
3. As per the prosecution case, the petitioner and other
co-accused persons formed an unlawful assembly, pursuant to
which the petitioner is alleged to have ordered to kill, thereafter,
the co-accused persons assaulted the informant's father with
legs, slaps, fists and bricks in his stomach and chest, following
which the informant's father was referred to a higher medical
facility for treatment.
4. Learned counsel for the petitioner has submitted
that the death of the father of the informant occurred after one
month, pursuant to which Section 302 was added. It has been
submitted that there is an allegation of being an order-giver
Patna High Court CR. MISC. No.32864 of 2026(2) dt.13-05-2026
2/2
against the petitioner and, as per the allegation itself, the
petitioner did not take part in the assault. It has further been
submitted that none of the accused persons were armed with
lethal weapons, and an ornamental allegation has been levelled
against the petitioner so as to falsely implicate him in the
present case.
5. Learned A.P.P, for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Jadiya P.S. Case No. 223 of 2023 subject to
the conditions as laid down under Section 482(2) of the Bharitya
Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/-
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