Patna High Court
Sonu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to bond and surety conditions.
Summary
Sonu Yadav applied for anticipatory bail fearing arrest in a case (Ballia P.S. Case No. 127 of 2025) under Sections 103(1), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising from a dispute over rain‑water drainage that led to the assault of his father‑in‑law and husband. The father‑in‑law later died from head injuries while the husband remains hospitalized. The petitioner asserted that he has no prior criminal record, is falsely implicated, and that the FIR contains only a generic allegation against him as a neighbour. The State and the informant’s counsel opposed bail, but the court noted that a co‑accused had already been granted bail and that the petitioner’s antecedents were clean. Applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, the court ordered anticipatory bail on condition of furnishing bail bonds and sureties. The order directs that the bail be released if the petitioner surrenders within six weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the allegations against the petitioner are specific enough to justify denial of bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 3(5)
Subjects
- anticipatory bail
- false implication
- criminal antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- Bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4592 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Sonu Yadav S/O Hare Ram Yadav Resident of Village-Tulshi Tol Pharpur
Ward No. 5, Police Station- Ballia, District-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Ballia P.S. Case No. 127 of 2025 instituted for the offence
under Sections 103(1), 115(2) & 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in brief, is that on
18.04.2025, a dispute over drainage of rainwater arose between
informant’s family and their agnates, during which the accused
persons assaulted her father-in-law and husband with lathis. Her
father-in-law succumbed to head injuries during treatment at
P.M.C.H., Patna, while her husband remains hospitalized.
4. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.4592 of 2026(2) dt.30-01-2026
2/3
that the petitioner bears no criminal antecedent/s, as per
disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. There is no specific allegation against the petitioner, rather
the allegation is general and omnibus in nature. From perusal of
the FIR, it would manifest that petitioner is neighbour of the
informant. Charge sheet has already been submitted in this case.
Other co-accused has been granted bail by a Co-ordinate Bench
of this Court vide order dated 11.11.2025, passed in Cr. Misc.
No. 72056 of 2025.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, let the petitioner, above named, in the event of
arrest/surrender before the Court below within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ballia P.S. Case No.
127 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.4592 of 2026(2) dt.30-01-2026
3/3
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…