Patna High Court
Suresh Yadav @ Suresh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the anticipatory bail application, subject to conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioners sought anticipatory bail in a case where they were alleged to have participated in an unlawful assembly that assaulted an informant's family, causing grievous injuries and theft of cash and a mobile phone. The prosecution charged them under multiple sections of the Bharitya Nagrik Suraksha Sanhita, 2023, including offences relating to unlawful assembly, assault, and grievous hurt. The petitioners contended they were falsely implicated, that the incident was a spontaneous fight without premeditation, and highlighted their clean criminal records except for one minor antecedent. The State opposed bail, emphasizing the seriousness of the injuries and alleging the counter‑case was a tactic to evade prosecution. After considering the facts, the court granted anticipatory bail on the condition of surrender within six weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita despite the seriousness of the alleged offences
- Whether the offences alleged are bailable or non‑bailable in nature
- Whether the petitioners' clean antecedent records justify the grant of bail
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 109(1), 117(2), 118(1), 118(2), 126(2), 127(2), 190, 191(1), 303(2), 351(2), 352
Subjects
- anticipatory bail
- unlawful assembly
- grievous hurt
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34936 of 2026
Arising Out of PS. Case No.-178 Year-2026 Thana- CHANDI District- Nalanda
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1. Suresh Yadav @ Suresh Prasad S/O Late Bhikham Singh @ Bhikham Yadav
R/O Village- Naya Tola, Hirdan Bigha, P.S- Telmar, Distt.- Nalanda.
2. Ajay Yadav @ Ajay Kumar S/O Suresh Yadav R/O Village- Naya Tola,
Hirdan Bigha, P.S- Telmar, Distt.- Nalanda.
3. Ranjeet Yadav @ Ranjeet Kumar S/O Sri Ramdeo Prasad @ Ramdeo Yadav
R/O Village- Naya Tola, Hirdan Bigha, P.S- Telmar, Distt.- Nalanda.
4. Karu Yadav @ Vijay Kumar S/O Sri Ramdeo Prasad @ Ramdeo Yadav R/O
Village- Naya Tola, Hirdan Bigha, P.S- Telmar, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwanath Prasad, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
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.
3. The Petitioners are apprehending their arrest in
connection with Chandi P.S. Case No. 178 of 2026 registered for
the offences punishable under Sections 190, 191(1), 126(2),
127(2), 118(1), 118(2), 117(2), 109(1), 352, 351(2), 303(2)
B.N.S., 2023.
Patna High Court CR. MISC. No. 34936 of 2026(2) dt.21-05-2026
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4. As per the prosecution case, on 05.03.2026 at about
07:00 A.M., the petitioners along with other named co-accused
persons, forming an unlawful assembly, came to the house of the
informant and started assaulting and firing, as a result of which
the informant sustained head injuries. It has further been alleged
that the hands of one of his brothers were fractured, while
another brother also sustained head injuries. It has also been
alleged that the mother of the informant was mercilessly
assaulted, and the mobile phone of the informant’s brother was
snatched away along with cash amounting to Rs. 3,100/-.
Further, a sum of Rs. 36,000/-, which had been kept for the
purpose of purchasing a buffalo, was also taken from his pocket.
5. Learned counsel for the petitioners have submitted
that the petitioners are innocent and have falsely been
implicated in this case. It has further been submitted that there is
a case and counter-case between the parties. It has also been
submitted that the occurrence took place suddenly without any
premeditation to kill. It has further been submitted that the
parties engaged in a free fight and that the petitioners’ side also
sustained injuries. Referring to injury reports of the brother and
the mother of the informant, it has been stated that although they
have received grievous injuries but they are on non vital part of
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the body and at best the case under Section 117(2) of the BNS
would be made out, which is bailable in nature. Lastly, it has
been submitted that the petitioner nos. 1, 2 and 4 have got clean
criminal antecedent whereas the petitioner no. 3 has one
criminal antecedent but not of similar nature.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners and
has submitted that there is serious allegation against the
petitioners and the injured persons received grievous injuries. It
has further been submitted that the counter case has been lodged
only to save the skin from the present case.
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, Nalanda, in connection with Chandi P.S. Case No.
178 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. 34936 of 2026(2) dt.21-05-2026
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9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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