Patna High Court
Karu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 127, 303(2), 3(5), 352, 482(2), 74
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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