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Patna High Court

Siya Ram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners under Section 482 of the BNSS, 2023, subject to a bond and verification conditions.

Summary

The petitioners, six residents of Niyazipur village, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with FIR No. 23 of 2026 alleging offences including assault, rioting, and illegal possession of arms. The FIR alleged that the accused assaulted the informant with lathis and firearms and injured his daughter, but the petitioners contended that the allegations were vague, that they are agnates of the informant, and that there exists a counter‑case between the parties. The petitioners also sought to correct a clerical omission in their prayer regarding the satisfaction of the Judicial Magistrate. The State opposed bail, citing the seriousness of the offences and the existence of a dispute. The Court, after considering the facts and the provisions of Section 482, granted anticipatory bail subject to a bond of Rs.30,000 per petitioner and a condition that the trial court verify any criminal antecedents, with the provision to cancel bail if concealment is discovered. The order directed that the bail bond be accepted without delay pending verification.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in the present case.
  • Whether the allegations in the FIR are sufficiently specific to deny bail.
  • Whether the existence of a counter‑case between the parties affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • arms act
  • FIR
  • criminal miscellaneous application
  • bond condition
  • verification of antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41482 of 2026
                     Arising Out of PS. Case No.-23 Year-2026 Thana- Tilak Rai Ka Hata District- Buxar
                 ======================================================
           1.     Siya Ram Yadav S/o Late Vishwanath Yadav R/o vill - Niyazipur, Lala Sigh
                  Ka Dera, P.S.- Tilak Rai Ka Hata, Distt.- Buxar, Bihar
           2.    Bhola Yadav S/o Vishavsaran Yadav R/o vill - Niyazipur, Lala Sigh Ka Dera,
                 P.S.- Tilak Rai Ka Hata, Distt.- Buxar, Bihar
           3.    Rahul Kumar Yadav @ Rahul Yadav S/o Harendra Yadav R/o vill -
                 Niyazipur, Lala Sigh Ka Dera, P.S.- Tilak Rai Ka Hata, Distt.- Buxar, Bihar
           4.    Deepak Kumar Yadav @ Deepak Yadav S/o Harendra Yadav R/o vill -
                 Niyazipur, Lala Sigh Ka Dera, P.S.- Tilak Rai Ka Hata, Distt.- Buxar, Bihar
           5.    Manish Thakur S/o Manoj Thakur R/o vill - Niyazipur, Lala Sigh Ka Dera,
                 P.S.- Tilak Rai Ka Hata, Distt.- Buxar, Bihar

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shashi Bhushan Singh, Advocate
                 For the Opposite Party/s :         Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-07-2026                      Heard Learned Counsel for the petitioners and

                   Learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioners who apprehend arrest

                   in connection with Tilak Rai Ka Hata P.S. Case No. 23 of 2026,

                   lodged on 05.03.2026, under Sections 126(2), 115(2), 109, 352,

                   351(2), 3(5) of the BNS and under Section 27 of the Arms Act.
Patna High Court CR. MISC. No.41482 of 2026(2) dt.01-07-2026
                                            2/3




                       3. As per the prosecution, FIR has been lodged against

          six named accused persons including the present petitioners. All

          the accused persons assaulted the informant with lathi and

          danda and fired from the rooftop                     of the house by using

          firearms. Thereafter accused persons reached informant’s house

          and assaulted his daughter causing head injury to her.

                       4. Learned Counsel for the petitioners submits that

          due to inadvertent mistake in the prayer portion the expression

          ‘to the satisfaction of learned Judicial Magistrate, 1 st Class,

          Court No.V, Buxar,’ left to be typed. He seeks permission to add

          the same.

                       5. Learned Counsel for the petitioners is permitted to

          add the same during course of the day.

                       6. Learned Counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. He

          submits that the petitioners and informant are agnates and

          resident of same village. Disputes took place from both sides for

          which case and counter case is there.                  He submits that the

          allegations made in the FIR are general and omnibus in nature

          and no specific overt act has been attributed to the accused

          persons. He further submits that petitioners are ready to fulfill

          all the conditions whatsoever shall be imposed upon them.
           Patna High Court CR. MISC. No.41482 of 2026(2) dt.01-07-2026
                                                       3/3




                                  7. Learned APP for the State opposes the prayer for

                     bail but fairly submits that for the same date and place of

                     occurrence there are case and counter case between the parties.

                                  8. As such, in the present facts and circumstances of

                     this case, let the above named petitioners be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of learned Judicial Magistrate, 1st Class, Court

                     No.5, Buxar, in connection with Tilak Rai ka Hata P.S. Case

                     No. 23 of 2026.

                                  9. And further condition that the Trial Court shall

                     verify the criminal antecedent of the petitioners and in case at

                     any stage it is found that the petitioners have concealed their

                     criminal antecedent, the Trial Court shall take step for

                     cancellation of bail bond of the petitioners.               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.

                                                                          (Dr. Anshuman, J)
Mkr./Rakesh/-

U      T


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