Patna High Court
Niraj Kumar Yadav @ Niraj Yadav @ Niraj kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
The petitioner is entitled to bail subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Niraj Kumar Yadav, sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita 2023 for an alleged assault that occurred on 26 July 2026. The prosecution alleged that a mob, including the petitioner, attacked the son of an informant, causing injuries, but the petitioner contended that the specific assault charge was directed at other co‑accused and he was only alleged to be a member of the mob without any specific allegation. The State opposed the bail application. The Court examined the material on record, the nature of the allegations, and the statutory provisions governing bail. Considering the circumstances, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order was directed to be implemented by the Additional Chief Judicial Magistrate VI, Siwan.
Issues considered
- Whether the petitioner is entitled to bail despite being alleged as a member of the mob in the assault case
- Whether the lack of a specific allegation against the petitioner warrants bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(2), 126(2), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- mob participation
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39601 of 2026
Arising Out of PS. Case No.-336 Year-2024 Thana- DARAUNDA District- Siwan
======================================================
Niraj Kumar Yadav @ Niraj Yadav @ Niraj kumar Son of Biralal Yadav @
Bigu Yadav Resident of village - Harsa Tali, P.S.- Daraunda, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126(2), 115(2),
118(2), 117(2), 109, 352, 351(3) and 3(5) of Bhartiya Nyaya
Sanhita 2023.
3 . As per prosecution case, on 26.07.2026 at about 7
PM all the FIR named accused persons armed with weapons
came and assaulted son of informant, as a result of which he
sustained injuries.
4. It is submitted on behalf of the petitioners that
specific accusation of assault is against other co-accused
persons. So far as, this petitioner is concerned, he is only alleged
to be member of mob. No specific allegation is attributed
Patna High Court CR. MISC. No.39601 of 2026(2) dt.23-06-2026
2/2
against him.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the backdrop of the case, materials
available on record and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate VI, Siwan in connection with
Daraunda P.S. Case No. 336 of 2024 , subject to the conditions
laid down under section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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