Patna High Court

Bipin Kumar Yadav @ Bipin YadavversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted anticipatory bail to the petitioners subject to a bail bond of Rs 10,000 and two sureties.

Summary

The petitioners Bipin Kumar Yadav and Amin Yadav applied for anticipatory bail fearing arrest in a case registered under sections 115(2), 126(2), 109, 303(2), 35(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that they, along with other accused, assaulted an informant and her family, but villagers intervened and the victims were saved. The petitioners contended they were falsely implicated, that a counter‑case exists, the injuries were simple, and they have no prior criminal record, undertaking to cooperate with the investigation. The State opposed the bail. After hearing counsel, the court noted the case‑counter case, the minor nature of injuries and the petitioners’ clean record and ordered that, if arrested or surrendered within four weeks, they be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, to be satisfied by the Judicial Magistrate, 1st Class, Bhagalpur.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the specified sections of the Bhartiya Nyaya Sanhita, 2023 given the factual allegations.
Whether the petitioners’ lack of criminal antecedent, the simple nature of injuries and the existence of a counter‑case justify the grant of anticipatory bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 35(2), 352

Subjects

anticipatory bail
Bhartiya Nyaya Sanhita
sections 115(2) 126(2) 109 303(2) 35(2) 352 3(5)
criminal antecedent
simple injuries
bail bond
sureties
case and counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3744 of 2026
                      Arising Out of PS. Case No.-180 Year-2025 Thana- Rasalpur District- Bhagalpur
                 ======================================================
           1.     Bipin Kumar Yadav @ Bipin Yadav Son of Late Sunil yadav Resident of
                  Rampur Kharhara, Ps- Rasalpur, District- Bhagalpur
           2.     Amin Yadav Son of Late Sunil Yadav Resident of Rampur Kharhara, Ps-
                  Rasalpur, District- Bhagalpur
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   28-01-2026                  1. Heard learned counsel for the parties.

                                2. The petitioners have preferred this application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Rasalpur P.S. Case no.180 of 2025 registered under

                   sections 115(2), 126(2), 109, 303(2), 35(2), 352 and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the eight named

                   accused persons including the two petitioners herein are said to

                   have come variously armed and of having assaulted the

                   informant and the members of her family. It is further stated that

                   on the intervention of the villagers, the informant and others

                   were saved.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have been falsely implicated in the case. There is
             Patna High Court CR. MISC. No.3744 of 2026(2) dt.28-01-2026
                                                         2/2




                       case and counter case between the parties, the correct version

                       having been given in the counter case, F.I.R of which is

                       Annexure-2 to the petition. The injuries have been found to be

                       simple in nature. The petitioners have no criminal antecedent

                       and undertake to cooperate in the investigation/trial.

                                    5. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegation against the petitioners in

                       the F.I.R., there being case and counter case between the parties,

                       the injuries having been found to be simple in nature and the

                       petitioners not having any criminal antecedent, it is directed that

                       both the petitioners above named, in the event of their arrest or

                       surrender before the learned Court below within a period of four

                       weeks, be released on anticipatory bail in connection with

                       Rasalpur P.S. Case no. 180 of 2025 on each of them furnishing

                       bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       Judicial Magistrate, 1st Class, Bhagalpur.



                                                   (Partha Sarthy, J)
Shiv/-

U        T

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