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Patna High Court

Daroga YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions.

Summary

The petitioners, Daroga Yadav and Ramesh Yadav, sought anticipatory bail fearing arrest in a case (PS No.169 of 2025) alleging offences under several sections of the B.N.S. The prosecution alleged that on 27 August 2025 the petitioners assaulted the informant’s brother and others with iron rods, causing injuries. The petitioners contended that there was a case and counter‑case, with both sides sustaining only simple injuries, and that no specific overt act was alleged against the first petitioner. The State and the informant opposed the bail but did not dispute the factual matrix. Considering the mutual injuries and the nature of the allegations, the court granted anticipatory bail to both petitioners, subject to a bond of Rs.10,000 with two sureties and several conditions under Section 482(2) of the B.N.S. and the court’s directions.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in view of the alleged offences under the B.N.S.
  • Whether the presence of a case and counter‑case with simple injuries justifies the grant of bail

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5)

Subjects

  • anticipatory bail
  • Section 482
  • injury
  • case and counter case
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5510 of 2026
                 Arising Out of PS. Case No.-169 Year-2025 Thana- CHANPATIA District- West Champaran
                 ======================================================

           1.    Daroga Yadav Son of Late Timal Yadav Resident of Vill. - Miskar Tola,
                 Ward No-14, P.S.- Chanpatiya, Dist - West Champaran.
           2.    Ramesh Yadav Son of Saral Yadav @ Sarlal Yadav Resident of Vill. - Miskar
                 Tola, Ward No-14, P.S.- Chanpatiya, Dist - West Champaran.

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

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar, Adv.
                 For the Opposite Party/s :      Mr. Navin Kumar Pandey, APP
                 For the Informant        :      Mr. Mithilesh Kumar, Adv.
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                    ORAL ORDER

3   24-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State as also counsel for the Informant.

                           2. The petitioners are apprehending their arrest in

                   connection with Chanpatiya P.S. Case No. 169 of 2025 dated

                   27.08.2025 registered for the offence punishable under Sections

                   126(2), 118(1), 117(2), 115(2), 109(1), 3(5) of the B.N.S.

                           3. As per prosecution case, on 27.08.2025 at about 2:05

                   A.M., the accused persons including the petitioners allegedly

                   assaulted the informant’s brother Rajeshwar Yadav with iron

                   rods and Gadasi due to which he sustained injuries upon his

                   head. When the informant and others intervened, they were also
Patna High Court CR. MISC. No.5510 of 2026(3) dt.24-02-2026
                                            2/4




          assaulted, resulting in a fractured hand of Satish Kumar and

          head injury to Kanhaiya Yadav.

                  4. Learned counsel for the petitioners fairly submits that

          there is a case and counter case between the parties and, in the

          alleged occurrence, both sides have sustained injuries. Counsel

          for the petitioners next submitted that though there is no specific

          allegation of any overt act against the petitioner no.1 but, there

          is specific allegation against the petitioner no.2 of assaulting one

          Kanhaiya Yadav but, the injury sustained by him is simple in

          nature. It is next submitted that the petitioner no.1 has also

          sustained injuries in the alleged occurrence upon his head and

          the photographs and medical prescriptions of the petitioner no.1

          has also been annexed with this anticipatory bail petition as

          Annexure-3 Series.

                  5. On the other hand, the learned APP for the State and

          the Informant have vehemently opposed the prayer for

          anticipatory bail of the petitioners but, have not confronted with

          the factual position.

                  6. Having heard learned counsel for the parties and

          considering the fact that there is a case and counter case

          between the parties and in the alleged occurrence, both the

          parties have sustained injuries, which are simple in nature, let
Patna High Court CR. MISC. No.5510 of 2026(3) dt.24-02-2026
                                             3/4




          the above named petitioners, be released on bail, in the event of

          their arrest or surrender before the learned Court below within a

          period of six weeks from today, on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned Judicial

          Magistrate, 1st Class, Bettiah, West Champaran in connection

          with Chanpatiya P.S. Case No. 169 of 2025, subject to the

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

          well as the following conditions:

                  (i)   One      of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;

                  (ii) the petitioner(s) shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of their

          bail bond by the Trial Court itself;

                  (iii) the petitioner(s) shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                  (iv) the petitioner(s) shall desist from committing any

          criminal offence again, failing which the State shall be at liberty
              Patna High Court CR. MISC. No.5510 of 2026(3) dt.24-02-2026
                                                          4/4




                        to take steps for cancellation of their bail bonds.



                                                                            (Ajit Kumar, J)
rishi/-

U         T


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