Patna High Court

Vijay Yadav @ Vijay KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

Vijay Yadav sought anticipatory bail after being implicated in a FIR alleging offences under several sections of the Bharatiya Nyaya Sanhita, including assault and rioting. He asserted a clean record and claimed the informant, an agnate with whom he has a property dispute, falsely implicated him. The FIR described a violent incident where others assaulted Kunal and the informant's family, and the petitioner was alleged to have participated in a general assault. The State opposed the bail. The court, after considering the submissions, granted anticipatory bail subject to a cash bond, two sureties, and compliance with Section 482(2) of the BNSS, noting the petitioner’s claim of false implication and the nature of the allegations.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
Whether the petitioner’s claim of false implication and the nature of the allegations warrant bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)

Subjects

anticipatory bail
false implication
property dispute
assault
Bharatiya Nyaya Sanhita
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72446 of 2025
                     Arising Out of PS. Case No.-248 Year-2025 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Vijay Yadav @ Vijay Kumar Son of Kripali Yadav Village- Kanp P.S- Saur
                 Bazar District- Saharsa

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Pandey
                 For the Opposite Party/s :       Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   04-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109, 303(2), 352, 351(2), and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his father had gone to his field and saw his boundary

                   demolished, on query, Vijay (petitioner) started abusing, on

                   alarm informant also reached the place of occurrence, when

                   Vinod assaulted Kunal by an iron rod causing injury on head,

                   thereafter Vijay and Saket assaulted him, his father and brother

                   by lathi causing injury on body and accused snatched chain
Patna High Court CR. MISC. No.72446 of 2025(4) dt.04-02-2026
                                            2/3




          worth Rs. 1,50,000/- from Kunal.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that petitioner and the informant

          are agnates and are having dispute relating to property and from

          perusal of the allegation as alleged in the FIR, it would manifest

          that specific allegation of assaulting Kunal is against Vinod and

          the injury of Kunal has been opined to the grievous in nature

          and as far as the petitioner is concerned, the allegation of assault

          against him is general and omnibus in nature as it is alleged that

          petitioner along with Saket assaulted Kunal, informant and his

          father by lathi all over the body.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned trial court where the case

          is pending/successor court in connection with Saur Bazar P.S.
              Patna High Court CR. MISC. No.72446 of 2025(4) dt.04-02-2026
                                                          3/3




                        Case No. 248 of 2025, subject to the conditions as laid down

                        under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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