Patna High Court
Sheo Bachchan Prasad @ Sheo Bachchan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioners, Sheo Bachchan Prasad and his son Pawan Kumar, were accused of forming an unlawful assembly, entering the informant’s thatched house, vandalising the roof and assaulting the informant, his wife, mother and brother, causing injuries. The informant filed a case (Atri PS Case No.35 of 2026) under several offences of the Bhartiya Nyaya Sanhita. The petitioners applied for anticipatory bail, arguing they have no prior criminal record and that the injuries were simple. The State and the informant opposed, contending the petitioners participated in the assault. After hearing, the court considered the facts, the nature of injuries, and the absence of antecedents, and ordered that the petitioners be released on anticipatory bail upon surrender within six weeks, subject to a bond of Rs 10,000 and two sureties, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the accused under the circumstances.
- Whether the offences alleged under the Bhartiya Nyaya Sanhita warrant denial of bail.
- Whether the absence of prior criminal antecedents and the nature of injuries justify bail.
- Whether Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita empowers the court to grant anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- unlawful assembly
- assault
- vandalism
- criminal antecedents
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34354 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- ATRI District- Gaya
======================================================
1. Sheo Bachchan Prasad @ Sheo Bachchan Yadav S/o Bishundev Yadav R/o
vill - Narawat, P.S.- Atri, Distt.- Gaya
2. Pawan Kumar S/o Sheo Bachchan Prasad @ Sheo Bachchan Yadav R/o vill -
Narawat, P.S.- Atri, Distt.- Gaya
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State as well as learned
counsel for the informant.
2. This application for anticipatory bail arises out
of Atri P.S. Case No. 35 of 2026, registered for the offence
punishable under Section 126(2), 115(2), 109, 74, 352, 351(2)
and 3(5) of the Bhartiya Nyaya Sanhita.
3. As per the allegation, the petitioners, forming an
unlawful assembly, entered into thatched house of the informant
and started vandalizing the roof, when the informant protested,
it is alleged that all the co-accused persons including the
petitioners alighted on the terrace and started assaulting the
informant and his family members, as a result of which, brother
Patna High Court CR. MISC. No.34354 of 2026(2) dt.18-05-2026
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of the informant received injuries on his head, while mother and
wife of the informant were also assaulted and sustained injuries.
It is further alleged that the brother of the informant Nitish
Kumar was assaulted by means of Tangi and Khanti.
4. Learned counsel for the petitioners has
submitted, by referring to the injury reports annexed as
Annexure-3 that injured Nitish Kumar, the brother of the
informant, has received one injury on head and swelling on right
hand and his supplementary injury report goes to show that he
received simple injuries, while one of the injuries sustained by
the informant, although opined as life threatening for future, but
the nature of injuries have been opined to be simple in nature. It
has further been submitted that there is a dispute regarding
passage as regards the easementary rights and there was free
fight between the parties, leading to a case and counter case.
Lastly, it has been submitted that the petitioners have got no
criminal antecedents.
5. Learned counsel for the State and the informant
opposed the prayer of anticipatory bail of the petitioners.
Learned counsel for the informant has further submitted that
there are allegations against the petitioners to have participated
in the occurrence as a result of which several persons received
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injuries.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioners above named, in the event of their 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)
each with two sureties of the like amount each to the satisfaction
of the learned Additional Chief Judicial Magistrate-IV, Gaya, in
connection with Atri P.S. Case No. 35 of 2026, 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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