Patna High Court
Narendra Kumar Yadav @ Narendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to petitioner No.2 but granted to petitioners No.1 and 3.
Summary
The petitioners, three agnates from Supaul, applied for anticipatory bail in a case where they were named in an FIR alleging assault with deadly weapons and theft. The prosecution alleged that all accused, including the petitioners, attacked an informant and his family, with petitioner No.2 specifically accused of assaulting the informant's son with an iron rod causing grievous injuries. The petitioners argued innocence, citing a petty family dispute, lack of specific overt acts against petitioners No.1 and 3, and clean antecedents. The State opposed the bail, emphasizing the specific accusations against petitioner No.2. The court rejected anticipatory bail for petitioner No.2 due to the direct nature of the allegation, but granted bail to petitioners No.1 and 3, noting the general nature of the accusations and their clean records, and ordered them to furnish bail bonds within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.2 accused of assault with an iron rod causing grievous injuries.
- Whether anticipatory bail should be granted to petitioners No.1 and 3 despite being named in the FIR with general accusations.
- Whether the nature of the accusations and the petitioners' antecedents justify the grant or denial of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- assault
- grievous injury
- clean antecedents
- section 482
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6299 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- MARAUNA District- Supaul
======================================================
1. Narendra Kumar Yadav @ Narendra Kumar S/o Ram Ashish Yadav Resident
of - Khushiyali, Ward No. 11, P.S - Marauna, District - Supaul, Pin - 847408
2. Dhananjay Kumar Yadav S/o Ramavtar Yadav Resident of - Khushiyali,
Ward No. 11, P.S - Marauna, District - Supaul, Pin - 847408
3. Asha Devi @ Aasha Devi W/o Ramavtar Yadav Resident of - Khushiyali,
Ward No. 11, P.S - Marauna, District - Supaul, Pin - 847408
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Purushottam Kumar, Advocate
Ms. Tanushri, Advocate
For the State : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-03-2026 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 126(2),
115(2), 109, 74, 303(2), 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
armed with deadly weapons, abused and assaulted informant
and his family members and also snatched gold chain.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.6299 of 2026(3) dt.16-03-2026
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have committed no offence. Both parties are agnates and due to
petty dispute, maar-peet took place between the parties in which
both sides sustained injuries. There is case and counter-case.
There is no specific accusation of overt act against Petitioner
Nos. 1 and 3. Rest of the allegations are ornamental in order to
make the case grave. Petitioners claim clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. and there is specific accusation that they, along with other
accused persons, assaulted informant and his family members.
Petitioner No. 2 assaulted son of informant with iron rod due to
which he sustained altogether 5 injuries out of which some are
grievous in nature.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and nature of
injuries allegedly caused by Petitioner No. 2, the prayer for
grant of anticipatory bail to Petitioner No. 2 is rejected.
7. So far as Petitioner Nos. 1 and 3 are concerned,
considering the facts and circumstances of the case, general and
omnibus nature of accusation, case and counter-case and clean
antecedents of the petitioners, the prayer for grant of
Patna High Court CR. MISC. No.6299 of 2026(3) dt.16-03-2026
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anticipatory bail to Petitioner Nos. 1 and 3 is allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Petitioner Nos. 1 and 3 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 J.M. I, Supaul
in connection with Marauna P.S. Case No. 93 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
9. With the aforesaid directions, this application
stands disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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