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Patna High Court

Srikant YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is warranted in view of the simple nature of injuries and the existence of a case‑and‑counter‑case, and therefore granted bail subject to statutory conditions.

Summary

The petitioners, a group of relatives from Dular Bigha, sought anticipatory bail after being implicated in a case (Deokund P.S. Case No. 18 of 2026) involving alleged assault, robbery, and use of a firearm. The prosecution alleged that on 2 March 2026 the accused attacked the informant and her son, causing injuries and stealing jewellery, and filed charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners contended they were innocent, that there was a counter‑case, and that the FIR was lodged six days after the incident without explanation, with the injuries being simple. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the existence of a case‑and‑counter‑case, the simplicity of injuries, and the provisions of Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita, granted anticipatory bail with specific conditions. The order directed the petitioners to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions regarding court appearances, non‑tampering with evidence, and refraining from further offences.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 of the Code of Criminal Procedure to the petitioners?
  • Whether the nature of the alleged offences and the simplicity of injuries justify granting anticipatory bail?
  • Whether the conditions imposed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita are appropriate in this case?

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • theft
  • firearm offence
  • simple injury
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33963 of 2026
                     Arising Out of PS. Case No.-18 Year-2026 Thana- DEOKUND District- Aurangabad
                 ======================================================
           1.     Srikant Yadav S/o Nandulal Yadav @ Nandlal Yadav R/o Village - Dular
                  Bigha, P.S- Deokund, District - Aurangabad, Bihar
           2.    Sangeeta Devi W/o Jitendra Kumar @ Jitendra Yadav R/o Village - Dular
                 Bigha, P.S- Deokund, District - Aurangabad, Bihar
           3.    Sumitra Devi W/o Jagda Yadav R/o Village - Dular Bigha, P.S- Deokund,
                 District - Aurangabad, Bihar
           4.    Ruby Devi @ Ruby Kumari W/o Srikant Yadav R/o Village - Dular Bigha,
                 P.S- Deokund, District - Aurangabad, Bihar
           5.    Jitendra Kumar @ Jitendra Yadav S/o Late Aganu Yadav @ Devbali Yadav
                 R/o Village - Dular Bigha, P.S- Deokund, District - Aurangabad, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amrit Lal, Adv.
                 For the Opposite Party/s :       Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER


2   21-05-2026                     Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State through

                   virtual mode.

                                2. The petitioners are apprehending their arrest in

                   connection with Deokund P.S. Case No. 18 of 2026, dated

                   08.03.2026 registered for the offences punishable under

                   Sections 329(4), 126, 115(2), 352, 351(2), 74, 303(2), 109 and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per prosecution case, on 02.03.2026 at about
Patna High Court CR. MISC. No.33963 of 2026(2) dt.21-05-2026
                                            2/4




          1:00 PM, upon a dispute relating to the informant’s niece, the

          accused persons allegedly assaulted the informant Shravanti

          Devi and her son Deepu Kumar with lathi and danda, causing

          injuries to them. It is further alleged that the accused persons

          snatched away the gold chain and earrings of the informant and

          that co-accused Bucchi Kumar fired from a country-made pistol

          and threatened them with dire consequences. On information,

          police reached the place of occurrence and the injured were

          taken to hospital for treatment

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent, have not committed any offfence and

          have falsely been implicated in this case. Learned counsel

          further submits that there is a case and counter-case with regard

          to the allegations levelled in the FIR. It is next submitted that

          after lodging of the FIR by the petitioners, the informant is said

          to have instituted the present case after a delay of six days, for

          which no explanation has been furnished in the FIR. It has next

          been submitted by referring to the statement made in para 12 of

          the anticipatory bail petition that all the injuries sustained are

          simple in nature, which has also been recorded in the impugned

          order, which clearly shows that in order to get over the cases

          lodged by the petitioners, the instant case has been lodged.
Patna High Court CR. MISC. No.33963 of 2026(2) dt.21-05-2026
                                            3/4




                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          and that there is a case and counter case, injury is being simple,

          this Court is inclined to grant the privilege of anticipatory bail to

          the petitioners.

                       7. Let the petitioners, above named, in the event of

          their 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 Judicial Magistrate First Class (JMFC), Daudnagar

          in connection with |Deokund P.S. Case No. 18 of 2026, 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 petitioners who shall provide

          official document/personal affidavit to show his/her bona fide;

                       (ii) the petitioners 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
             Patna High Court CR. MISC. No.33963 of 2026(2) dt.21-05-2026
                                                         4/4




                       his/her/their bail bond by the Trial Court itself;

                                    (iii) the petitioners 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 petitioners shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of their bail bonds.



                                                     (Ajit Kumar, J)
Abhishek/-

U      T


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