Created by Fuzzy Cloud

Patna High Court

Arjun Prasad YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioner, subject to bond, sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

Arjun Prasad Yadav applied for pre‑arrest bail in a case (Hisua P.S. Case No. 204 of 2025) where he was accused of assaulting the informant’s family, including alleged injury to a child, under several offences of the Bharatiya Nyaya Sanhita, 2023. He contended that he and the informant are agnates, the dispute stemmed from a prior land conflict, and the injury to the child was simple in nature. The State opposed bail, emphasizing the specific allegation of assault. The Court considered the simple nature of the injury, the petitioner’s clean antecedent, and the familial relationship, and ordered bail on condition of a bond and sureties. The bail order was subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and required a family member as one of the bailors.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite accusations under sections 126(2), 115(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the nature of the alleged injury and the petitioner’s antecedent conduct justify the grant of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • bail
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita
  • simple injury
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73419 of 2025
                       Arising Out of PS. Case No.-204 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
                 Arjun Prasad Yadav Son of Late Badho Yadav Resident of Village - Achalpur,
                 Police Station - Hisua, District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Adv.
                 For the Opposite Party/s :       Dr. Ajeet Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   11-02-2026                  Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Hisua P.S. Case No. 204 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 109(1),

                   303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. Allegedly in the morning of the fateful day, while

                   the wife of the informant alongwith their children went to the

                   field, in the meanwhile, the accused persons surrounded them

                   and brutally assaulted. There is a specific accusation against the

                   petitioner of causing assault by means of gadasa below the eyes

                   of the daughter of the informant, namely Anisha Kumari. There

                   is further allegation of snatching of valuables against other
Patna High Court CR. MISC. No.73419 of 2025(3) dt.11-02-2026
                                            2/3




          accused persons.

                       4. Learned Advocate appearing on behalf of the

          petitioner submitted that the parties are agnates and the

          petitioner is none else but happens to be uncle of the informant.

          However, on account of previous land dispute, both the parties

          have entered into a free fight, resulting into some unfortunate

          injuries. Prior to the institution of this case, there is Hisua P.S.

          Case No. 203 of 2025 lodged by the petitioner against the

          members of the prosecution’s side. So far the injury which is

          allegedly sustained to the daughter of the informant, namely

          Anisha Kumari is concerned, the same has been found to be

          simple in nature, as is evident from the injury report discussed

          in paragraph no. 43 of the case diary.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application and submits

          that there is a specific accusation against the petitioner of

          causing assault.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the factum of case and counter case, coupled with the simple

          nature of injury, as well as the fair antecedent of the petitioner,

          let the petitioner above named be released on bail, in the event
             Patna High Court CR. MISC. No.73419 of 2025(3) dt.11-02-2026
                                                         3/3




                       of his arrest or surrender before the court below within a period

                       of four weeks from the date of receipt/production of a copy of

                       this order, upon furnishing bail bonds of Rs.10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Chief Judicial Magistrate, Nawada in

                       connection with Hisua P.S. Case No. 204 of 2025, subject to the

                       conditions laid down in Section 482(2) of the Bharatiya Nagrik

                       Suraksha Sanhita, 2023 with the further condition that one of

                       the bailors shall be the own/close family members of the

                       petitioner.



                                                   (Harish Kumar, J)
supratim/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.