Patna High Court
Ashish Yadav @ Ashish Kumar Ray @ AshishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners under Section 438(2) of the CrPC.
Summary
The petitioners, Ashish Yadav and Aman Yadav, were accused of assaulting a victim under multiple sections of the B.N.S., 2023. They filed an application for anticipatory bail under Section 438(2) of the Criminal Procedure Code. The court noted that the victim's injury was simple and the petitioners had no prior criminal record. Considering these factors, the court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 each with two sureties within six weeks of arrest. The bail is subject to the conditions prescribed under Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the charges under sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of the B.N.S., 2023
- Whether the nature of the injury and the petitioners' clean antecedent justify the grant of anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- Section 438 CrPC
- B.N.S. 2023
- bail bond
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6706 of 2026
Arising Out of PS. Case No.-811 Year-2024 Thana- BASANTPUR District- Siwan
======================================================
1. Ashish Yadav @ Ashish Kumar Ray @ Ashish S/O Ashok Yadav @ Ashok
Ray Resident of Village - Bala, P.S. - Lakdi Naviganj O.P. District - Siwan.
2. Aman Yadav S/O Ashok Yadav @ Ashok Ray Resident of Village - Bala,
P.S. - Lakdi Naviganj O.P. District - Siwan.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises
out of Basantpur P.S. Case No.811 of 2024 for the offence
punishable under sections 126(2), 115(2), 118(1), 109, 303(2),
352, 351(2), 3(5) of the B.N.S., 2023.
3. The petitioners are said to have assaulted the
victim.
4. Considering the fact that the injury sustained
by the victim is simple in nature and the petitioners have clean
antecedent, this application is allowed.
5. Let the petitioners, above named, in the
event of their arrest/surrender within six weeks from today in
the Court below, be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.6706 of 2026(3) dt.24-02-2026
2/2
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, 1st, Siwan / concerned Court below, in connection
with Basantpur P.S. Case No.811 of 2024, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure.
(Sandeep Kumar, J)
pawan/-
U T
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