Patna High Court
Raju Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners with specified conditions.
Summary
The petitioners, Raju Kumar Yadav and Vijay Yadav, sought anticipatory bail after being implicated in a violent incident at Chakkadih village, where the prosecution alleged they assaulted an informant with iron rods and caused serious injuries. The FIR listed offences under several sections of the Indian Penal Code and the Bharatiya Nyaya Sanhita. The petitioners argued that the medical report showed only simple injuries, that the allegations of severe assault were not specifically directed at them, and that they have clean antecedents. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the facts, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita, including bond, sureties, appearance requirements, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita despite the serious nature of the alleged offences.
- Whether the nature of the injuries and the petitioners' clean antecedent justify the grant of bail.
- Whether the Court can impose conditions on the anticipatory bail to safeguard the investigation and trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 329(4), 3(5), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 307, 323, 34, 341, 448, 504
Subjects
- anticipatory bail
- assault
- Indian Penal Code
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
- clean antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6659 of 2026
Arising Out of PS. Case No.-444 Year-2025 Thana- BANKA District- Banka
======================================================
1. Raju Kumar Yadav S/O Shiv Pujan Yadav R/O Village- Chakkadih, Police
Station- Banka, District- Banka
2. Vijay Yadav S/O Shiv Pujan Yadav R/O Village- Chakkadih, Police Station-
Banka, District- Banka
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehended their arrest in
connection with Banka P.S. Case No. 444 of 2025, F.I.R dated
28.09.2025 registered for the offences punishable under
Sections 341, 323, 448, 307, 504, 34 of the Indian Penal Code
and 126(2), 115(2), 329(4), 109(1), 352 & 3(5) Bharatiya Nyaya
Sanhita, 2023.
3. According to prosecution case, on 27.09.2025 at
about 8:00 AM at village ChakkaDih, the informant Bittu Yadav
objected to Shivpujan Yadav disconnecting electricity to a
government tap motor. Thereafter, Shivpujan Yadav abused him,
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and his sons Raju Kumar Yadav and Vijay Yadav allegedly
assaulted the informant with iron rods, causing multiple head
injuries with intent to kill. Subsequently, Shivpujan Yadav, Tara
Devi, and Suman Devi also assaulted him with sticks. When
Sarita Devi intervened, she was beaten and lost a tooth. The
accused threatened dire consequences for reporting the incident.
4. Learned counsel for the petitioners by referring to
the injury report submits that the injury is simple, which does
not corroborate the allegations, which is levelled against these
two persons, where allegations of repeated blow on head with
iron rod is made. Whereas, the allegations of breaking the teeth
of the mother-in-law of the informant for which the allegations
have been levelled against all the accused and there is nothing
specific against these petitioners, these petitioners have clean
antecedent and the petitioners are ready to abide by the terms
and conditions to grant the privilege of anticipatory bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
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their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Banka/Court concerned,
Banka in connection with Banka P.S. Case No. 444 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
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to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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