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Patna High Court

Pawan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.43883 of 2026(2) dt.08-07-2026
                                            2/4




          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.
Patna High Court CR. MISC. No.43883 of 2026(2) dt.08-07-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.43883 of 2026(2) dt.08-07-2026
                                                       4/4




                     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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