Patna High Court
Binay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court denied anticipatory bail to all petitioners except Pinku Devi, who was granted anticipatory bail subject to a bond and conditions.
Summary
The petitioners filed criminal miscellaneous applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail in connection with FIR No. 711 of 2025 alleging assault on an informant's family that led to the death of the informant's mother. The prosecution alleged that the accused entered the informant's house and inflicted injuries, supported by post‑mortem findings. The petitioners contended they were falsely implicated due to a land dispute and village politics, asserting that only one individual was responsible and that they have clean antecedents. The Court examined whether a prima facie case existed and considered the merits of granting bail under Section 482, noting the seriousness of the injuries and the death. It refused anticipatory bail to all accused except Pinku Devi, a female petitioner, granting her bail on condition of a Rs.30,000 bond and compliance with Section 2(1)(d) and Section 482(2) of the BNSS, 2023. Both applications were thereafter disposed off.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the BNSS, 2023 in view of the alleged assault and death.
- Whether the prosecution has established a prima facie case justifying denial of bail.
- Whether gender or other mitigating factors warrant granting bail to Pinku Devi while denying it to the others.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482, 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 191(3), 61(2)
Subjects
- anticipatory bail
- Section 482
- criminal miscellaneous
- assault
- homicide
- gender
- political enmity
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7572 of 2026
Arising Out of PS. Case No.-711 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
1. Binay Kumar S/O Shiv Bachan Yadav Resident of Village- Ramesbigha, P.S-
Jehanadad (Kalpa OP), District- Jehanabad.
2. Rajendra Yadav @ Devilal @ Rajendra Singh Yadav S/O Jitlal Yadav
Resident of Village- Ramesbigha, P.S- Jehanadad (Kalpa OP), District-
Jehanabad.
3. Pinku Devi W/O Dilip Yadav Resident of Village- Ramesbigha, P.S-
Jehanadad (Kalpa OP), District- Jehanabad.
4. Shiv Bachan Yadav S/O Late Hari Yadav Resident of Village- Ramesbigha,
P.S- Jehanadad (Kalpa OP), District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
WITH
CRIMINAL MISCELLANEOUS No. 7377 of 2026
Arising Out of PS. Case No.-711 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Budhu Yadav @ Rajeshwar Yadav @ Rajeshwar Singh Yadav Son of Jitlal
Yadav Resident Of Village - Ramsebigha, P.S. - Kalpa, Dist. - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 7572 of 2026)
For the Petitioner/s : Mr. Purushotam Sharma, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
(In CRIMINAL MISCELLANEOUS No. 7377 of 2026)
For the Petitioner/s : Mr. Arvind Prasad Singh, APP
For the Opposite Party/s : Mr. Binod Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard learned Counsel for the petitioners and
learned APP for the State in both these cases.
2. Both criminal miscellaneous applications have
Patna High Court CR. MISC. No.7572 of 2026(3) dt.01-04-2026
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been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioners who apprehend arrest
in connection with Jehanabad (Kalpa OP) P.S. Case No. 711 of
2025, lodged on 23.07.2025, under Sections 190/191(2)/191(3)/
103(1)/126(2)/115(2)/109/61(2) of the Bhartiya Nyay Sanhita,
2023.
3. As per the prosecution, FIR has been lodged against
twelve named accused persons including the present petitioners
with allegation that they have entered into the house of the
informant and started lathi, danda, rod and fasli blow on the
informant’s father, mother and cousin, due to which the mother
injured and subsequently died.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel submits that specific allegation is against only one
person. There is a land dispute and petitioners antecedent is
clean. Counsel submits that they are well know to each other
and petitioners have falsely been implicated in this case due to
village politics and long standing enmity. Counsel for the
petitioners submits that petitioner No.3 is family member, but
with a view to create pressure the female members have also
Patna High Court CR. MISC. No.7572 of 2026(3) dt.01-04-2026
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been implicated in this case. Learned Counsel for the petitioners
submits that on the previous occasion case-diary was called for
by a coordinate Bench of this Court and no coercive step was
also granted to the petitioners.
5. Counsel for the petitioner in second case also
submits that he adopts the arguments made in the first case. In
addition there to he submits that there is no specific allegation
against petitioner of second case.
6. Learned Counsel for the State, on the other hand,
opposes the prayer for bail and submits that allegation against
the petitioners that they have entered into the house of the
informant and caused injury. The place of occurrence is
informant’s house and multiple injuries alleged to have been
caused. He submits that from the post mortem report it becomes
crystal clear that series external injury have been found on her
body. He submits that internal injury has also been found.
7. Considering the fact that the petitioners have
entered into the house of the informant and assaulted the
informant, his mother and cousin, injury found on the body of
the deceased supports the prosecution case prima facie and due
to injury and shock cardiac arrest taken place, it is due to this
reason, this Court not inclined to grant anticipatory bail to the
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petitioners of both the cases except petitioner No.3 of first case,
who is female. Hence, the prayer for anticipatory bail of
petitioners of both the cases except petitioner No.3 Pinku Devi
of first case, namely, Binay Kumar, Rajendra Yadav, Shiv
Bachan Yadav and Budhu Yadav is refused.
8. As such, in the present facts and circumstances of
this case, let petitioner No.3, namely, Pinku Devi, of Cr. Misc.
No.7572 of 2026 be released on anticipatory bail, in the event of
arrest or surrender before the learned Court below within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief
Judicial Magistrate, Jehanabad, in connection with Jehanabad
(Kalpa) P.S. Case No. 711 of 2025, subject to the conditions as
laid down U/s 482(2) of the BNSS, 2023.
9. Accordingly, both the applications stand disposed
off.
(Dr. Anshuman, J)
Mkr./-
U T
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