Patna High Court
Raja Yadav @ Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting bail subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Raja Yadav, a 19‑year‑old with a clean record, was implicated in an FIR alleging assault with an iron rod and a sword on an informant and a woman named Shruti. He contended that the allegations were false, pointing out inconsistencies between the injuries described and the weapons alleged, and the lack of any injury report for Shruti. The State opposed his anticipatory bail application. The court examined the credibility of the allegations and the petitioner’s background, and, invoking Section 482(2) of the Bihar Negotiable Substances Act, 2023, ordered that anticipatory bail be granted if he surrenders within six weeks, subject to a bail bond of Rs 10,000 and two sureties, one of whom must be his father. The order also imposed standard bail conditions. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bihar Negotiable Substances Act, 2023 despite the serious assault allegations.
- Whether the allegations against the petitioner are substantiated enough to deny bail.
- Whether the petitioner is likely to flee, tamper with evidence, or commit further offences if released.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 329(4), 3(5), 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bihar Negotiable Substances Act
- assault
- false implication
- youth offender
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37017 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- BISFI District- Madhubani
======================================================
Raja Yadav @ Rajnish Kumar Son of Rabindra Yadav Resident of Village-
Bhoj Pandaul, Ward No. 13, P.S.- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 117(2), 118(1), 109, 74, 329(4) and 3(5) of the BNS,
2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a young boy
aged about 19 years and the informant alleges that accused
persons including the petitioner entered his house on 08.01.2026
at 01:05 AM along with three unknown accused and Kaushal
with a iron rod assaulted the informant causing injury on head
and thereafter petitioner with sword assaulted the informant on
his leg causing injury and thereafter also assaulted Shruti with
Patna High Court CR. MISC. No.37017 of 2026(2) dt.16-06-2026
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sword causing injury on hand and on alarm nearby people
gathered and accused fled.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that specific
allegation of assaulting the informant by an iron rod on head is
against Kaushal. It is also submitted that the injury suffered by
the informant on head has been opined to be simple, but then as
far as petitioner is alleged, he is alleged to have assaulted the
informant by sword causing injury on leg, but from perusal of
the injury report, it would manifest that the injury suffered by
the informant on leg has been opined to be simple in nature
caused by hard and blunt object when sword is a sharp edged
weapon. It is further submitted that though it is alleged that
Shruti was also assaulted but then there is no injury report on
record with regard to Shruti, which amply demonstrates that the
said allegation was an exaggerated allegation. It is also
submitted that petitioner is a young boy aged about 19 years and
if he is sent to judicial custody in the nature of allegation as
alleged, his entire career would get jeopardized and chances are
bright that he may come in contact with hardened criminals.
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5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Bisfi P.S. Case No. 03 of 2026 subject to the conditions as
laid down under Section 482 (2) of BNSS.
7. One of the bailors of the petitioner shall be his
father namely Rabindra Yadav.
8. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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