Patna High Court
Yogendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, Yogendra Yadav and Suneshwar Yadav, sought anticipatory bail fearing arrest in a case (Barachatti P.S. Case No. 544 of 2024) alleging offences under several sections of the B.N.S. The prosecution alleged they assaulted an informant and his wife, causing simple injuries. The petitioners claimed innocence, false implication, and clean antecedents. The State opposed the bail. The Court, after hearing, allowed the anticipatory bail application, directing that if arrested within four weeks, they be released on bail with a bond of Rs.10,000 each and two sureties, subject to conditions of Section 438(2) CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the alleged offences under the B.N.S.
Legislation cited
- B.N.S. — s. 110, 115, 126(2), 3(5), 351(3), 352, 482, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- bail conditions
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5118 of 2026
Arising Out of PS. Case No.-544 Year-2024 Thana- BARACHATTI District- Gaya
======================================================
1. Yogendra Yadav S/o Late Chandu Yadav @ Choolu Yadav R/o Village -
Lohuaari, P.S - Barachatti, District - Gaya
2. Suneshwar Yadav S/o Late Choolu Yadav R/o Village - Lohuaari, P.S -
Barachatti, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Ranjan, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Barachatti P.S. Case No. 544 of 2024 registered
for the offence under Sections 126(2), 115, 110, 76, 352, 351(3),
3(5) of the B.N.S.
3. As per the prosecution case, petitioners are
accused of assaulting the informant and his wife.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that the
the injury sustained by the informant and his wife is simple in
Patna High Court CR. MISC. No.5118 of 2026(4) dt.24-02-2026
2/2
nature. Petitioners have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M. II, Sherghati (Gaya)/ concerned Court below in
connection with Barachatti P.S. Case No. 544 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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