Patna High Court
Pintu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners, finding no specific overt act of assault against them and invoking Section 482(2) of the CrPC.
Summary
The petitioners, Pintu Yadav and Virendra Singh, sought anticipatory bail fearing arrest in a case (Harnaut PS Case No. 431 of 2025) alleging offences under several sections of the Bihar Negotiable Sale Act, 2023. The prosecution alleged that the petitioners participated in an assault on an informant’s father‑in‑law and the informant himself using an iron rod and other weapons. The petitioners contended they were falsely implicated due to village politics, that no specific overt act of assault could be attributed to them, and highlighted a one‑day delay in filing the FIR. The State opposed the bail, arguing that the petitioners were named in the FIR. The Court, after considering the lack of specific evidence against the petitioners, granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the CrPC, and imposed conditions for surrender before the trial court.
Issues considered
- Whether the petitioners can be granted anticipatory bail in the absence of specific overt acts of assault attributed to them.
- Whether the delay of one day in lodging the FIR defeats the petitioners' claim for bail.
- Whether the allegations of false implication and village politics affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- false implication
- assault
- FIR delay
- village politics
- CrPC Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.412 of 2026
Arising Out of PS. Case No.-431 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
1. Pintu Yadav S/O Late Ramji Yadav R/O Village- Kichani, P.S- Harnaut,
Distt.- Nalanda.
2. Virendra Singh @ Birind Yadav S/O- Late Sital Yadav R/O Village- Kichani,
P.S- Harnaut, Distt.- Nalanda.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Adv.
For the State : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Harnaut P.S. Case No. 431 of 2025 registered
for the offences punishable under Sections 126(2), 115(2),
117(2), 351(2), 109(1), 191(2), 190 of BNS, 2023.
3. As per prosecution case, on 15.09.2025 altercation
was going on between the informant and co-accused Samar
Yadav, meanwhile petitioners and others also came. It is alleged
that co-accused Rahul Yadav and Rajeev assaulted upon the
head of informant's father-in-law (Arun Yadav) by means of iron
rod as a result of which informant's father-in-law sustained
Patna High Court CR. MISC. No.412 of 2026(2) dt.19-02-2026
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head injury and fell on the ground and after that all the accused
persons assaulted him by means of lathi and danda. It is further
alleged that when informant came to rescue, co-accused Rahul
Kumar assaulted upon the head of informant by means of rod as
a result of which informant also sustained head injury.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
alleged in the FIR and they have falsely been implicated in this
case due to village politics. He further submits that there is no
specific overt-act of assault against the petitioners rather
allegations are general and omnibus in nature. Specific
allegation of assault is against co-accused Rahul Yadav and
Rajeev. He further submits that petitioner no. 2 bears no
criminal antecedent whereas petitioner no. 1 has one criminal
antecedent in which he is on bail, as orally submitted by learned
counsel for the petitioners. He further submits that injury of
informant/Radha Devi is simple in nature whereas injury of
Arun Yadav is grievous in nature. There is case and counter case
between the parties. He further submits that there is one day
delay in lodging the FIR as the alleged occurrence took place on
15.09.2025 and FIR was lodged on 16.09.2025 and no plausible
explanation has been given regarding the said delay.
Patna High Court CR. MISC. No.412 of 2026(2) dt.19-02-2026
3/3
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners and submits that
petitioners are named in the FIR and hence, they cannot escape
from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, there is no specific overt-act of assault against the
petitioners, argument advanced on behalf of both sides and also
taking into consideration the material available on record, the
petitioners above-named, in the event of their arrest or surrender
before the learned trial court within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bond of
Rs. 10,000/- (rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-1, Biharsharif, Nalanda in connection with
Harnaut P.S. Case No. 431 of 2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
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