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Patna High Court

Lal Bahadur YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is allowed for the petitioners subject to the conditions specified.

Summary

The petitioners, Lal Bahadur Yadav and Munna Yadav, applied for anticipatory bail fearing arrest in a case registered under several offences of the Bharatiya Nyaya Sanhita. The FIR alleged that petitioner No.2 caught hold of an informant and petitioner No.1 assaulted the informant with an iron rod, causing a simple injury. The petitioners contended they were innocent, the injury was minor, and the FIR was lodged after an unreasonable four‑day delay, casting doubt on the prosecution’s case. The State opposed the bail application. Considering the nature of the accusation, the minor injury, and the delay in filing the FIR, the Court granted anticipatory bail, directing that if the petitioners are arrested or surrender within eight weeks, they may be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged assault, the nature of the injury, and the delay in lodging the FIR.

Legislation cited

Subjects

  • anticipatory bail
  • FIR delay
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5168 of 2026
                   Arising Out of PS. Case No.-160 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
           1.     Lal Bahadur Yadav S/O Rudal Yadav Resident of Village- Purenderpur @
                  Purandarpur, Ward No.- 12, P.S- Nautan, District- West Champaran.
           2.    Munna Yadav @ Munna Kumar Yadav S/O Dina Yadav Resident of Village-
                 Purenderpur @ Purandarpur, Ward No.- 12, P.S- Nautan, District- West
                 Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sujeet Kumar, Advocate
                 For the Opposite Party/s :       Mr. Satyendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 117(2),

                   109, 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., petitioner no. 2 caught hold of the

                   informant and petitioner no. 1 assaulted on his head by means of

                   iron rod.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence. Injury,

                   allegedly, caused by petitioner no. 1 is simple in nature and

                   there is no allegation of any specific overt act against petitioner
              Patna High Court CR. MISC. No.5168 of 2026(2) dt.03-02-2026
                                                          2/2




                        no. 2. F.I.R. has been lodged after inordinate delay of four days,

                        without any plausible explanation, which itself raises doubt over

                        veracity of the prosecution case.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation, injury and

                        delay in lodging the F.I.R., this anticipatory bail is allowed and

                        it is ordered that let the above named petitioners in the event of

                        their arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged 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 Sub-Divisional

                        Judicial Magistrate, Bettiah, West Champaran in connection

                        with Nautan P. S. Case No. 160 of 2025, subject to condition as

                        laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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