Patna High Court
Daroga YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
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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
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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
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to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
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