Patna High Court
Jai Krishna Yadav @ Mithun Yadav @ Jai Krishna Kumar @ Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to anticipatory bail subject to a bail bond of Rs 10,000, two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Jai Krishna Yadav, was alleged to have formed an unlawful assembly and assaulted an informant with a stick, leading to a FIR under multiple sections of the Bhartiya Nyaya Sanhita. The petitioner argued that the injuries were simple, the incident stemmed from a land‑dispute free fight, and there was a case‑and‑counter‑case scenario, also noting a two‑day delay in filing the FIR and a prior criminal antecedent for which he was already on bail. The State opposed the grant of anticipatory bail. The Court examined the facts, the nature of the injuries, the delay in the FIR, and the petitioner’s prior bail status, and concluded that anticipatory bail could be granted with conditions. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order is effective if the petitioner surrenders within six weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the seriousness of the alleged offences and prior criminal antecedent
- Whether the delay in lodging the FIR and the nature of injuries justify granting bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118, 126(2), 190(3), 191(3), 303(2), 351(2), 352
Subjects
- anticipatory bail
- unlawful assembly
- assault
- land dispute
- prior criminal antecedent
- delay in FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33150 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- Lokha District- Supaul
======================================================
Jai Krishna Yadav @ Mithun Yadav @ Jai Krishna Kumar @ Mithun Kumar
S/O Dev Narayan Yadav R/O Vill.- Laukaha, Ward No.- 11, P.S- Laukaha,
Dist- Supaul
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Binod Kumar Sinha, Advocate
Mr. Ashok Kumar, Advocate
For the Opposite Party : Mr. Md. Matloob Rab, 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. This application for anticipatory bail arises out
of Laukaha P.S. Case No. 98 of 2025, registered for the offence
punishable under Section 191(3), 190(3), 126(2) 115(2), 118,
117(2), 109, 303(2), 352 and 351(2) of the Bhartiya Nyaya
Sanhita.
3. It has been specifically alleged that this
petitioner formed an unlawful assembly and assaulted the
informant on his head by stick.
4. Learned counsel for the petitioner has submitted,
referring to the impugned order, that the injuries have been
opined to be simple by the treating doctor. It has also been
submitted that there is case and counter case between the parties
Patna High Court CR. MISC. No.33150 of 2026(2) dt.13-05-2026
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and a free fight took place over land dispute on the alleged date
of occurrence. It has further been submitted that the petitioner
has got one criminal antecedent, in which he is on bail and there
is delay of two days in lodging the FIR.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, 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 Judicial Magistrate 1st Class, Supaul, in connection
with Laukaha P.S. Case No. 98 of 2025, subject to the
conditions as laid down under Section 482(2) of the Bhartiya
Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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