Patna High Court
Siya Ram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 2(1)(d), 3(5), 351(2), 352, 482
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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