Patna High Court
Rajesh Yadav @ Rajesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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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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