Patna High Court
Amit Kumar 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 B.N.S.S.
Summary
The petitioners, Amit Kumar Yadav and Trilokinath Yadav, sought anticipatory bail after being implicated in a case where they allegedly assaulted the informant’s nephew with a knife, causing simple injuries. The prosecution alleged that the assault was pre‑meditated and intended to kill, citing multiple offences under the Bharitya Nagrik Suraksha Sanhita (B.N.S.). The petitioners argued they were innocent, that the incident was a spontaneous fight on the eve of Holi, and that they have no prior criminal record. The State and the informant opposed bail, emphasizing the seriousness of the assault and the alleged intent to kill. After hearing both sides, the court granted anticipatory bail on the condition that the petitioners surrender within six weeks and furnish bail bonds with sureties, invoking Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted despite allegations of assault with intent to kill under the B.N.S.
- Whether the nature of the injuries (simple) justifies the grant of bail
- Whether the petitioners' clean criminal antecedent influences the bail decision
- Application of Section 482(2) of the Bharitya Nagrik Suraksha Sanhita for anticipatory bail
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- knife attack
- simple injuries
- premeditation
- criminal antecedent
- Section 482(2)
- Bharitya Nagrik Suraksha Sanhita
- video conferencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34925 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- MANJHAGARH District- Gopalganj
======================================================
1. Amit Kumar Yadav S/O Keshaw Yadav R/o Village- Paithan Patti, P.S.-
Manjhagarh, District- Gopalganj.
2. Trilokinath Yadav @ Triloki Yadav S/O Baccha Yadav @ Baccha Prasad
Yadav R/o Village- Paithan Patti, P.S.- Manjhagarh, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Vardhan, Advocate
For the State : Mr. Abhay Kumar Roy, APP
For the informant : Mr. Indrajeet Bhusan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioners and
learned APP for the State as well as learned counsel for the
informant.
3. The Petitioners are apprehending their arrest in
connection with Manjhagarh P.S. Case No. 92 of 2026
registered for the offence punishable under Sections 115(2),
126(2), 118(1), 109(1), 352, 351(2) and 3(5) of B.N.S.
4. As per the prosecution case, on 04.03.2026 at about
07:00 P.M., the petitioners along with other co-accused persons
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variously armed with lethal weapons arrived at the door of the
informant in an intoxicated condition and started abusing him.
When Ajit Kumar Yadav, the nephew of the informant, opposed
them, the petitioner no. 1, Amit Kumar Yadav, inflicted knife
blows upon him, causing severe injuries to his abdomen.
Thereafter, he was taken to the Sadar Hospital for treatment.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. It has further been submitted that the alleged
occurrence took place on the eve of Holi. It has further been
submitted that there is a counter version of the same occurrence,
and the counter case has also been instituted under Section
109(1) and other ancillary sections. It has also been submitted
that the occurrence took place suddenly without any
premeditation to kill. Referring to the impugned order, learned
counsel for the petitioners submits that a finding has been
recorded therein that the injuries sustained by the nephew of the
informant were caused by a sharp-cutting weapon. It has also
been submitted, with reference to paragraph 13 of the bail
petition, that the injured nephew of the informant had sustained
only simple injuries. It has further been submitted that the
parties engaged into free fight. Lastly, it has been submitted that
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the petitioners have got clean criminal antecedent.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for
anticipatory bail of the petitioners. Learned counsel for the
informant further submits that there are serious allegations
against the petitioner no. 1, who was allegedly armed with a
knife and assaulted the nephew of the informant multiple times.
It is further submitted that although the injuries sustained by the
nephew of the informant were found to be simple in nature,
there was a clear intention on the part of the petitioners to kill
him, however, he was fortunately saved.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bonds of Rs.
10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, Gopalganj, in connection with Manjhagarh P.S. Case
No. 92 of 2026 subject to the conditions as laid down under
Section 482(2) of the Bharitya Nagrik Suraksha Sanhita
(B.N.S.S.)
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9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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