Patna High Court
Yogendra Yadav @ Yogendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and conditions under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
Petitioner Yogendra Yadav sought anticipatory bail after an FIR alleged that he assaulted an informant with an iron rod, causing only simple injuries. The FIR listed offences under Sections 126(2), 115, 109, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita. The petitioner argued that the case was a counter‑complaint to a prior complaint filed by his sister‑in‑law. The State opposed the bail, contending the seriousness of the charges. The Court, noting the minor nature of the injury and the existence of a parallel counter‑case, decided that anticipatory bail was appropriate. It ordered bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 482 of the B.N.S.S., 2023, and limited the bail to arrests within eight weeks of the order.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under multiple sections of the Bhartiya Nyaya Sanhita
- Whether the nature of injury and the existence of a counter‑complaint justify the grant of anticipatory bail
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115, 126(2), 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5547 of 2026
Arising Out of PS. Case No.-588 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Yogendra Yadav @ Yogendra Prasad Son of Late Sukhlal Yadav @ Sukhlal
Resident of Village - Kathanpura, Police Station - Noorsarai, District -
Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudish Kumar
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115, 109, 352,
351(2) & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of informant with iron rod. Doctor has found the injury simple
in nature. Present case is counter blast of Complaint Case No.
1025 of 2025, filed by Bhabhi of petitioner against informant
and others.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
5. Considering the nature of injury and the fact that
there is case & counter case, the prayer for anticipatory bail of
petitioner is allowed.
Patna High Court CR. MISC. No.5547 of 2026(2) dt.04-02-2026
2/2
6. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Nalanda at Biharsharif in connection with Noorsarai P.S. Case
No. 588 of 2025, subject to condition as laid down under
Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.