Patna High Court
Rohit Kumar Yadav @ Rohit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed anticipatory bail to petitioners Nos. 2, 3 and 4.
Summary
The petitioners, who are neighbours, sought anticipatory bail after being implicated in a violent altercation on 21 September 2025, during which they were alleged to have assaulted an informant and his family with a spade, iron rod, and bricks. The prosecution charged them under Sections 115(2), 126(2), 109, 303(2), 351(2), 352 and 3(5) of the B.N.S. The petitioners contended that the incident was a minor dispute, that injuries were simple, and that they have clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the case‑and‑counter‑case, the nature of injuries and the petitioners' clean record, granted anticipatory bail to petitioners Nos. 2, 3 and 4, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S. The order directs that if arrested within eight weeks, they be released on bail.
Issues considered
- Whether anticipatory bail should be granted to the accused under the listed sections of the B.N.S. given the alleged assault and injuries.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- criminal procedure
- Section 482(2)
- clean antecedents
- neighbor dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5604 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- PANJWARA District- Banka
======================================================
1. Rohit Kumar Yadav @ Rohit Yadav S/O Hemant Yadav R/O Village-
Lakhpura, P.S- Panjwara, Distt.- Banka
2. Gurudeo Yadav @ Gurudev Kumar Yadav S/O Hemant Yadav R/O Village-
Lakhpura, P.S- Panjwara, Distt.- Banka
3. Anant Yadav @Anant Kumar Yadav S/O Hemant Yadav R/O Village-
Lakhpura, P.S- Panjwara, Distt.- Banka
4. Ranju Devi W/O Hemant Yadav R/O Village- Lakhpura, P.S- Panjwara,
Distt.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Bijendra Kumar Singh, Advocate
For the State : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-02-2026 The prayer for grant of anticipatory bail to Petitioner
No. 1, namely Rohit Kumar Yadav, has already been dismissed
as withdrawn vide order dated 02.02.2026.
2. Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
3. Petitioner Nos. 2, 3 and 4 apprehend their arrest in
a case registered for the offence punishable under Sections
115(2), 126(2), 109, 303(2), 351(2), 352 and 3(5) of the B.N.S..
4. As per prosecution case, it is alleged that on
21.09.2025 at about 8:30 AM, when the informant was engaged
Patna High Court CR. MISC. No.5604 of 2026(3) dt.17-02-2026
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in household work at his resident, in the meantime, all the F.I.R.
named accused persons, including these petitioners, arrived
there and on the instructions of co-accused Rohit Yadav,
Petitioner Nos. 2 and 3 assaulted informant with spade and iron
rod. It is further alleged that when wife and son of informant
rushed to save him, co-accused Rohit Yadav assaulted wife of
informant with iron rod and Petitioner No. 4 along with co-
accused Vandana Devi assaulted them with bricks.
5. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
next door neighbours and on account of petty dispute,
altercation took place between the parties in which both sides
sustained injuries. There is case and counter-case. Doctor has
found the injuries, allegedly caused by these petitioners, simple
in nature. Petitioners claim clean antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
7. Considering the facts and circumstances of the
case, case and counter-case between the parties, nature of
injuries sustained by the injured and clean antecedents of the
Patna High Court CR. MISC. No.5604 of 2026(3) dt.17-02-2026
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petitioners, the prayer for grant of anticipatory bail to Petitioner
Nos. 2, 3 and 4 is allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Petitioner Nos. 2, 3 and 4 be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Banka in connection with Panjwara P.S.
Case No. 119 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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