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Patna High Court

Kuldeep YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.6338 of 2026(2) dt.04-02-2026
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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
Patna High Court CR. MISC. No.6338 of 2026(2) dt.04-02-2026
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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
           Patna High Court CR. MISC. No.6338 of 2026(2) dt.04-02-2026
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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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