Patna High Court
Arjun Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5)
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
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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/-
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