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Patna High Court

Rajesh Yadav @ Rajesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioners' prayer for anticipatory bail.

Summary

The petitioners, Rajesh Yadav and Budhnath Kumar, sought anticipatory bail fearing arrest in a case involving offences under multiple sections of the B.N.S., including assault and homicide. The prosecution alleged that on 14 March 2025 the accused assaulted an informant and his father, resulting in the father's death. The petitioners contended they were merely alleged members of an unlawful assembly with no specific overt act attributed to them, and highlighted a co-accused who had previously been granted anticipatory bail. The State opposed the bail application. Considering the general nature of the accusations, the petitioners' clean antecedents, and parity with the earlier bail order, the court granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the B.N.S. despite being named in an FIR for serious offences.
  • Whether mere alleged membership in an unlawful assembly without specific participation warrants denial of anticipatory bail.

Legislation cited

  • B.N.S. — s. 103, 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 329(3), 329(4), 482(2)

Subjects

  • anticipatory bail
  • unlawful assembly
  • assault
  • homicide
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5502 of 2026
                    Arising Out of PS. Case No.-33 Year-2025 Thana- KHUTAUNA District- Madhubani
                 ======================================================
           1.     Rajesh Yadav @ Rajesh Kumar Yadav Son of Naresh yadav @ Ramdayal
                  Yadav Resident of village- Jhanjhpatti Doman, P.S.-Khutauna, Madhubani
                  Bihar.
           2.    Budhnath Kumar @ Budhnath Yadav Son of Ajay Yadav Resident of village-
                 Jhanjhpatti Doman, P.S.-Khutauna, Madhubani Bihar.

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners    :        Mr. Shubham Kumar, Advocate
                 For the State          :        Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 329(3),

                   329(4), 126(2), 115(2), 191(2), 191(3), 190, 109(1), 118(1) and

                   103 of the B.N.S..

                                3. As per prosecution case, on 14.03.25 at about 10:00

                   AM, all the F.I.R. named accused persons, including these

                   petitioners, assaulted informant and his father by means of iron

                   rod, lathi and tengari due to which, during course of treatment,

                   father of the informant succumbed to the injuries.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.5502 of 2026(2) dt.11-02-2026
                                            2/3




          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. From bare perusal of the F.I.R. it is

          apparent that it was co-accused Rajiv Kumar Yadav who

          assaulted father of informant. So far as these petitioners are

          concerned, they are only alleged to be member of the unlawful

          assembly and no specific accusation of overt act has been

          alleged against them. It is further submitted that similarly

          situated co-accused person has already been granted the

          privilege of anticipatory bail by this Hon’ble Court vide order

          dated 18.08.2025 passed in Cr. Misc. No. 53877 of 2025.

          Petitioners claim clean antecedents.

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

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity and clean antecedents of the petitioners, the prayer for

          grant of anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like
             Patna High Court CR. MISC. No.5502 of 2026(2) dt.11-02-2026
                                                         3/3




                       amount each to the satisfaction of learned A.D.J. II, Jhanjharpur

                       in connection with Khutauna P.S. Case No. 33 of 2025, subject

                       to condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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