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Patna High Court

Karu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the stipulated bond and conditions.

Summary

The petitioners, Karu Yadav and Virendra Yadav, sought anticipatory bail fearing arrest in a case (Telhara P.S. Case No. 02 of 2026) involving offences under Sections 127, 115(2), 109(1), 74, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged they assaulted a victim, leading to injuries and the death of Saurabh Kumar. The petitioners contended they were innocent, asserting a dispute over a pathway and presenting a counter‑case. The State opposed the bail application. The Court, after considering the circumstances, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, noting the observations were prima facie and not on the merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023
  • Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • offence of assault
  • death of victim

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38611 of 2026
                       Arising Out of PS. Case No.-2 Year-2026 Thana- TELHARA District- Nalanda
                 ======================================================
           1.     Karu Yadav S/o Pradeep Yadav Resident of Village - Chhajjupur, P.S -
                  Telhara, Dist - Nalanda
           2.    Virendra Yadav @ Virendra Kumar S/o Late Karu Yadav Resident of Village
                 - Chhajjupur, P.S - Telhara, Dist - Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar
                 For the Opposite Party/s :       Ms. Rina Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Telhara P.S. Case No. 02 of 2026 registered for offences under

                   Sections 127, 115(2), 109(1), 74, 303(2), 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 quite innocent and have not committed any

                   offence. It is further submitted that there is a case and counter

                   case, and the occurrence took place due to a dispute over a rasta

                   (pathway). It is also submitted that one Saurabh Kumar, from

                   the side of the petitioners, sustained injuries in the occurrence
            Patna High Court CR. MISC. No.38611 of 2026(2) dt.17-06-2026
                                                        2/2




                      and subsequently died.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the aforesaid 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 Telhara P.S. Case No. 02 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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