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Patna High Court

Sushil Kuamr 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 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

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/-

U       T


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