Patna High Court

Indal YadavversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Anticipatory bail was granted subject to surrender within four weeks and execution of a bail bond with sureties.

Summary

The petitioners, Indal Yadav and others, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Securities Act for alleged assault on an informant. They contended that the FIR was lodged 15 days after the incident without any reasonable explanation and that the alleged scuffle resulted in no injuries. The prosecution opposed the bail, arguing the seriousness of the offences. The court considered the undue delay in filing the FIR and the absence of any injury as mitigating factors. Consequently, the court ordered that the petitioners be released on anticipatory bail, provided they surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Securities Act.

Issues considered

Whether anticipatory bail should be granted in view of the 15‑day delay in lodging the FIR
Whether the nature of the alleged assault, which caused no injury, warrants denial of bail

Legislation cited

Bihar Negotiable Securities Act — s. 115(2), 126(2), 190, 191(2), 191(3), 308(2), 324(4), 324(5), 351(2), 351(3), 352, 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
FIR delay
assault without injury
Section 438 CrPC
Bihar Negotiable Securities Act
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7443 of 2026
                       Arising Out of PS. Case No.-74 Year-2025 Thana- MAHISHI District- Saharsa
                 ======================================================
           1.     Indal Yadav S/O Maheshwar Yadav R/O Village- Baltharba Tola Rangelipur,
                  P.S- Kusheshwar Sthan, Distt.- Darbhanga, Bihar.
           2.    Ram Kumar Yadav S/O Maheshwar Yadav R/O Village- Baltharba Tola
                 Rangelipur, P.S- Kusheshwar Sthan, Distt.- Darbhanga, Bihar.
           3.    Rajnish Kumar S/O Kamo Yadav R/O Village- Baltharba Tola Rangelipur,
                 P.S- Kusheshwar Sthan, Distt.- Darbhanga, Bihar.
           4.     Angad Kumar S/O Kamlesh Yadav R/O Village- Baltharba Tola Rangelipur,
                  P.S- Kusheshwar Sthan, Distt.- Darbhanga, Bihar.
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amarnath Jha
                 For the Opposite Party/s :       Mr.Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in a case

                   registered for the offence punishable under Sections 191(2),

                   191(3), 190, 126(2), 115(2), 308(2), 324(4), 324(5), 352, 351(2),

                   351(3) of the B.N.S.

                                3. Case of the prosecution is that all the accused persons

                   came variously armed to the field of the informant and indulged in

                   abuses and assault.

                                4. Learned counsel for the petitioners submits at the

                   outset, that the First Information Report has been lodged after an

                   inordinate delay of 15 days, inasmuch as the occurrence is said to
             Patna High Court CR. MISC. No.7443 of 2026(2) dt.04-02-2026
                                                         2/2




                       have taken place on 22.02.2025 whereas the first information

                       report was lodged 09.03.2025 and no plausible reason has been

                       tendered for such delay. It has also been submitted that the

                       allegation is of pushing and shoving and also scuffle with fists and

                       slaps as a consequence of which no injury has been sustained by

                       the informant or any other person.

                                    5.    Learned APP for the State has opposed the

                       application for anticipatory bail.

                                         6.   Taking     into    consideration   the   facts   and

                       circumstances and also considering the fact that the factum of

                       inordinate delay in lodging of the FIR coupled with the absence of

                       injuries, let the above named petitioners, in the event of their arrest

                       or surrender before the learned Court below within a period of four

                       weeks from today, be enlarged on bail on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the

                       like amount each to the satisfaction of the learned court below

                       where the case is pending/successor court in connection with

                       Mahishi P.S. Case No. 74 of 2025, subject to the condition as laid

                       down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                 (Soni Shrivastava, J)
devendra/-
U      T

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