Patna High Court
Kuldeep YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.
Summary
Kuldeep Yadav sought anticipatory bail fearing arrest in a case (Tekari P.S. Case No. 325 of 2025) involving multiple offences under the B.N.S. The prosecution alleged that he, along with others, assaulted an informant with sticks, while the petitioner claimed he was the informant’s uncle and that the dispute was familial, with only minor injuries and a clean criminal record. The State opposed the bail, but the court considered the nature of the allegations, the petitioner’s antecedents, and the injury report. Applying Section 438(2) of the CrPC and Section 482(2) of the B.N.S., the court granted anticipatory bail with a cash bond and several conditions, including presence in court and verification of antecedents. The order emphasized that its observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault and multiple offences under the B.N.S.
- Whether the petitioner’s clean antecedent and the minor nature of injuries justify the grant of bail
- Whether conditions under Section 438(2) CrPC and Section 482(2) B.N.S. are appropriate in this circumstance
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 351(3), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- Section 482
- B.N.S. offences
- assault
- family dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6338 of 2026
Arising Out of PS. Case No.-325 Year-2025 Thana- TEKARI District- Gaya
======================================================
Kuldeep Yadav S/o- Late Bhuneshwar Yadav @ Late Maneshwar Yadav
Resident of Mohalla- Yadav Tola Nisurpur PS- Tekari Distt- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yogesh Kumar, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection
with Tekari P.S. Case No. 325 of 2025 registered for the
offences under Sections 126(2), 115(2), 118(1), 117(2),
109(1), 351(2), 351(3) and 3(5) of the B.N.S.
3. As per the prosecution story, the allegation
against the petitioner is that he along with others brutally
assaulted the informant by means of lathi, danda, etc.
4. Learned counsel for the petitioner submits that
the petitioner happens to be the own uncle of the informant.
It is further submitted that there is a case and counter case
with respect to the same occurrence and from the perusal of
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the injury report, which has been brought on record by way
of Annexure-P/3, it would be evident that the injuries
sustained by the injured persons were found to be simple in
nature. It has lastly been submitted that the petitioner carries
clean antecedent and that only on account of certain family
dispute, the present F.I.R. has been lodged.
5. Learned APP for the State has vehemently
opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or
surrender before the learned Court below within a period of
four weeks from today, on furnishing bail bonds of
Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection
with Tekari P.S. Case No. 325 of 2025 subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2)
of B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be
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his close relative.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail
bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has
concealed his criminal antecedent, the court
below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance
of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in
the name of verification.
7. Accordingly, the prayer for anticipatory bail is
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allowed.
8. It is made clear that the observations, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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