Patna High Court
Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners with specified conditions.
Summary
The petitioners, Pawan Yadav and Binod Yadav, were named in an FIR (Kawakole PS Case No. 459 of 2025) for alleged assault and other offences under sections 115(2), 126(2), 109, 74, 329(3) and 3(5) of the BNS. They feared arrest and applied for anticipatory bail, contending that the incident was a minor scuffle and that the injuries were simple. The State opposed the bail, maintaining that the assault allegations were serious. The Court examined the medical report and the Sessions Judge’s order, noting that the injuries were indeed simple and that the FIR was still pending. Accordingly, the Court granted anticipatory bail subject to a payment of Rs 5,000 each to the informant and a series of conditions, including sureties, regular court appearances and non‑interference with witnesses. The order was made under Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in view of the alleged assault offences.
Legislation cited
- Bihar Negotiable (BNS) — s. 109, 115, 126, 3, 329, 74
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- assault
- FIR
- Criminal Procedure Code
- simple injuries
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43883 of 2026
Arising Out of PS. Case No.-459 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
1. Pawan Yadav S/O Mahadeo Yadav Resident Of Village- Sekhodevra, P.S-
Kawakole, District- Nawada.
2. Binod Yadav S/O Late Sitaram Yadav Resident Of Village- Sekhodevra, P.S-
Kawakole, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-07-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Kawakole P.S. Case No. 459 of 2025 for the offence
registered under sections 115(2), 126(2), 109, 74, 329(3), 3(5) of
the BNS.
3. As per the prosecution story, the informant alleged
that due to the land dispute, the accused persons who are
agnates of the informant firstly abused and then assaulted.
Allegation of assault is on Binod Yadav by rod on the head of
the informant which actually hit his hand and Pawan Yadav
gave lathi blow. Further, allegation against the wife of taking
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away of gold chain. This led to the FIR.
4. Learned Counsel for the petitioners submit that a
minor scuffle has been given a different colour and further, a
perusal of the learned Sessions Judge order would show that
injuries have been found to be simple in nature. The last
submission is that without accepting the allegation and/or the
outcome of the present petition in view of the fact that the
informant side has alleged injuries, the petitioners on its own
would like to contribute towards the medical assistance of Rs.
5,000/- each (totaling Rs. 10,000/-) through Demand Draft
issued by the local branch of the State Bank of India/any
Nationalized Bank to be submitted before the ‘NAZARAT’ of
concerned Court to be handed over to the informant after
checking the credentials.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting allegation of
assault is against these petitioners.
6. Considering the submissions of the parties as also
the fact that the injuries have been found to be simple in nature.
FIR is there, they shall be facing the music, in that background,
this Court is inclined to grant them the anticipatory bail with
conditions subject to payment of Rs. 5,000/- each (totaling Rs.
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10,000/-) to the informant as undertaken by the learned counsel
for the petitioners to be paid by Demand Draft of local branch of
the State Bank of India/any Nationalized Bank to be submitted
to the Trial Court.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Nawada in connection with Kawakole P.S.
Case No. 459 of 2025 subject to condition as laid down under
Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark
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attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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