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Patna High Court

Amit Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.34925 of 2026(2) dt.21-05-2026
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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
Patna High Court CR. MISC. No.34925 of 2026(2) dt.21-05-2026
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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.)
              Patna High Court CR. MISC. No.34925 of 2026(2) dt.21-05-2026
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                                     9. This application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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