Patna High Court
Lal Bahadur YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 352
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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