Patna High Court
Sushil Kuamr YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Sushil Kumar Yadav, Prabhakar Kumar and Aasha Devi, feared arrest in a criminal case (PS No. 29 of 2026) alleging offences under Sections 126(2), 115(2), 303(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, for allegedly assaulting a victim. The prosecution claimed the petitioners caused injuries, while the petitioners asserted innocence, alleging a counter‑case and injuries on their side. The State opposed the grant of anticipatory bail. The Patna High Court, after considering the facts, allowed the anticipatory bail application, directing the petitioners to furnish bail bonds of Rs 10,000 each with two sureties, subject to Section 482(2) of the BNSS, and clarified that its observations were prima facie and not a determination on the merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
- Whether the balance of liberty and the interests of justice warrant release on bail pending investigation.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- assault
- Patna High Court
- Purnia
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37195 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- JANKINAGAR District- Purnia
======================================================
1. Sushil Kuamr Yadav Son of Late Sitaram Yadav Resident Of village-
Rupauli Gonth, Ward No 7, P.s. Jankinagar, District - Purnia.
2. Prabhakar Kumar Son of Sushil Kumar yadav @ Sushil Kumar Resident Of
village- Rupauli Gonth, Ward No 7, P.s. Jankinagar, District - Purnia.
3. Aasha Devi Wife of Sushil Kumar Yadav Resident Of village- Rupauli
Gonth, Ward No 7, P.s. Jankinagar, District - Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhakar Singh
For the Opposite Party/s : Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Janaki Nagar P.S. Case No. 29 of 2026 registered for offences
under Sections 126(2), 115(2), 303(2), 109, 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
alleged to have assaulted the victim causing injuries.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence. It
is further submitted that there is a case and counter-case
between the parties. It is also stated that there are injuries on the
accused side as well.
Patna High Court CR. MISC. No.37195 of 2026(2) dt.15-06-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on 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 below where the case is pending/successor court in
connection with Janaki Nagar P.S. Case No. 29 of 2026 subject
to the conditions as laid down under Section 482(2) of the
BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
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