Patna High Court
Srikant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126, 303(2), 329(4), 3(5), 351(2), 352, 74
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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.
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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
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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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