Patna High Court
Vijendra Kumar Yadav @ Vijendra Kumar @ Algu Yadav @ Vijendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Vijendra Kumar Yadav was arrested in connection with an FIR alleging that he assaulted Shubham Yadav with a lathi, causing a head injury. The charges were framed under Sections 126(2), 115(2), 117(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner applied for anticipatory bail, asserting his innocence, a simple nature of the injury, and a clean antecedent. The State opposed the bail application. The Patna High Court, after considering the nature of the accusation, the injury, and the petitioner’s clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed that if arrested within eight weeks, the petitioner be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts of the case.
- Whether the offences alleged under the Bharatiya Nyaya Sanhita justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5)
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- clean antecedent
- bail bond
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72499 of 2025
Arising Out of PS. Case No.-301 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Vijendra Kumar Yadav @ Vijendra Kumar @ Algu Yadav @ Vijendra Yadav
Son of Amerika Chaudhari Resident of Village - Semra, P.S. - Gopalganj,
District - Gopalganj, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 117(2),
109, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of Shubham Yadav by means of lathi.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury
attributed to the petitioner is simple in nature. Case and counter
case. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
Patna High Court CR. MISC. No.72499 of 2025(2) dt.05-02-2026
2/2
accusation, injury and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Gopalganj in connection with Gopalganj P.
S. Case No. 301 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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