Created by Fuzzy Cloud

Patna High Court

Pintu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.