Patna High Court
Abhishek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Abhishek Yadav, was implicated in a FIR alleging assault, robbery and other offences under several sections of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that Yadav, along with ten others, attacked an informant and his associates, causing injuries and stealing Rs.35,000. Yadav contended that he was falsely implicated, highlighted a 25‑day delay in filing the FIR, and argued that the injuries were simple and he had no prior criminal record. The court examined the nature of the alleged injury, the petitioner’s clean antecedent, and the delay in registration of the FIR. Finding the injury to be simple and noting the petitioner’s lack of criminal history, the court granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. and required a bail bond with sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the 25‑day delay in lodging the FIR and the simple nature of the alleged injury justify granting bail.
- Whether the petitioner’s clean criminal antecedent warrants relief from pre‑arrest detention.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- delay in FIR
- simple injury
- clean antecedent
- Bhartiya Nyaya Sanhita
- Section 482
- bail conditions
- assault
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35278 of 2026
Arising Out of PS. Case No.-401 Year-2024 Thana- PARBATTA District- Khagaria
======================================================
Abhishek Yadav Son of Budho Yadav Resident of village - Muradpur, Ward
No. 12, P.S.- Parbatta, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Adv.
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State through virtual mode.
2. The petitioner is apprehending his arrest in connection
with Parbatta P.S. Case No. 401 of 2024 (G.R. No. 3130 of
2024) dated 05.10.2024 registered for the offence punishable
under Section/s 126(2), 115(2), 117(2), 109(1), 352, 351(2),
303(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, while the Informant was going
to his basa at Muradpur Diara, the petitioner along with 10 other
named accused persons, armed with firearms, surrounded and
abused him. Upon protest, Ganga Yadav @ Amit Kumar and
Santosh Yadav allegedly assaulted the Informant with a gun and
iron rod, causing injuries on his head and right hand. On hearing
alarm, Vinit Yadav, Sumit Yadav and Piyush Kumar arrived to
rescue him, whereupon the petitioner allegedly assaulted Vinit
Patna High Court CR. MISC. No.35278 of 2026(2) dt.25-05-2026
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Yadav by means of lathi causing injuries. It is further alleged
that they took away Rs. 35,000/- from the pocket of Sumit
Yadav before fleeing from the place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that for the alleged occurrence
which is said to have taken place on 10.09.2024, the F.I.R. has
been lodged after an unexplained delay of twenty-five days. It is
further submitted that the nature of injury caused upon the
Informant’s son is not corroborated with the allegation levelled
in the F.I.R., while the injury has been found to be simple in
nature. It is further submitted that the petitioner is a person of
clean antecedent and has been maliciously implicated in this
case, which has been registered by Informant after an
unexplained delay of twenty-five days.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that the injury attributed to the petitioner
has been found to be simple in nature and that the petitioner
bears no criminal antecedent, let the petitioner, above named, be
released on anticipatory bail in the event of his arrest or
Patna High Court CR. MISC. No.35278 of 2026(2) dt.25-05-2026
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surrender before the court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate, 1st,
Khagaria in connection with Parbatta P.S. Case No. 401 of 2024
(G.R. No. 3130 of 2024), subject to the condition as laid down
under Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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 his bail
bond by the Trial Court itself;
(iii) the petitioner(s) 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.
(Ajit Kumar, J)
rishi/-
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