Patna High Court
Rajeev Kumar Yadav @ Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed by the Court.
Summary
The petitioners, Rajeev Kumar Yadav and Hiran Kumari, were implicated in a case registered under Sections 126(2), 115(2), 303(2), 109, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting an informant and her husband. They contended that the allegations were false, the injuries were minor, and they had clean antecedents, seeking anticipatory bail to avoid arrest. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts and submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions including personal presence at trial and cooperation with investigation. The order emphasized that any breach could lead to cancellation of bail, and that the observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the charges under multiple serious offences in the Bharatiya Nyaya Sanhita
- Whether the nature of the alleged injuries and the petitioners' clean antecedents justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 35(3), 41(A)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38909 of 2026
Arising Out of PS. Case No.-469 Year-2024 Thana- ALOULI District- Khagaria
======================================================
1. Rajeev Kumar Yadav @ Rajiv Kumar S/O Ratnesh Yadav Resident of
Village- Manikchak Ukharaura, Ward No. 06, P.S.- Alauli, District-Khagaria
2. Hiran Kumari @ Hiran Devi W/o Rajeev Kumar Yadav @ Rajiv Kumar
Resident of Village- Manikchak Ukharaura, Ward No. 06, P.S.- Alauli,
District-Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
Mr. Binod Kumar, Advocate
Ms. Mona Verma, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Alauli P.S. Case No. 469 of 2024 registered for
the offences under Sections 126(2), 115(2), 303(2), 109, 351(2),
352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. The allegation against the petitioners is that they
had abused and assaulted the informant and when her husband
tried to save her, petitioner no. 2 caught her husband and
petitioner no. 1 assaulted him with lathi causing head injury.
4. The learned counsel for the petitioners submits that
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the petitioners have falsely been implicated and no such incident
has ever occurred. It is further submitted that there is a case and
counter case for the said occurrence and only in order to save
themselves from the said case, the present case has been lodged.
It has next been submitted that from the perusal of the injury
report, which has been brought on record by way of Annexure-
P/3, it would be evident that the injuries are simple in nature and
one injury, which was found to be grevious, was on the shoulder
which is non-vital part of the body. It has also been pointed out
that the petitioners were given the benefit of Section
41(A)Cr.P.C./35(3) of B.N.S. however as the cognizance has
been taken under Section 109 of B.N.S., the petitioners have
apprehension of being arrested. It has lastly been submitted that
the petitioners carry clean antecedents.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
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on their furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Khagaria where the case is pending in
connection with Alauli P.S. Case No. 469 of 2024, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 read with corresponding Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioners shall be
their close relative and the other shall be a local
resident.
(ii) The petitioners shall remain physically
present before the concerned Court on each and every
date of the trial and shall cooperate in the
investigation.
(iii) In case of absence for two consecutive
occasions or in violation of the terms of the bail, the
bail bonds of the petitioners will be liable to be
cancelled by the concerned Court.
(iv) If the petitioners, in future, are found to be
involved in similar nature of offence(s), the
prosecution shall be at liberty to move for
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cancellation of their bail bonds.
(v) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage,
it is found that they have concealed their criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of their bail bond. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Tannu/-
U T
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