Patna High Court
Bajrangi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the BNSS.
Summary
The petitioner, Bajrangi Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 303(2), 118(1) and 3(5) of the Bihar Negotiable Statutes (BNS). He claimed a clean antecedent and alleged that the informant, an agnate with whom he had a property dispute, falsely implicated him after a mutual altercation in which the informant’s chain was taken and a small sum of money was seized. The informant alleged that the petitioner assaulted him, causing a simple head injury, but the petitioner argued the injury was minor and not repeatedly inflicted. The State opposed the anticipatory bail, contending the seriousness of the offences. The Court, after considering the nature of the injury and the petitioner’s background, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, provided the petitioner surrenders within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged.
- Whether the alleged simple injury and the petitioner’s clean antecedent justify granting bail.
- Whether the property dispute and alleged false implication affect the bail decision.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5)
Subjects
- anticipatory bail
- false implication
- property dispute
- assault
- simple injury
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76221 of 2025
Arising Out of PS. Case No.-126 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Bajrangi Yadav S/O Krishna Yadav @ Kishan Yadav Resident of Village-
Satjori, Police Station - Goradih, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 126(2), 115(2), 109,
303(2), 118(1) and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant alleges
that petitioner assaulted him by Khanti causing injury on head while
Pushplata Devi snatched his chain and Saheb Yadav took Rs.5,000/-.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that petitioner and the informant are
agnates and are having dispute relating to property. It is next
submitted that on the date of occurrence, an altercation took place in
which both sides assaulted each other and from the side of the
petitioner Goradih P.S. Case No. 127 of 2025 came to be instituted
Patna High Court CR. MISC. No.76221 of 2025(2) dt.05-01-2026
2/2
against the informant and his side. It is also submitted that the injury
suffered by the injured has been opined to be simple in nature as
pleaded at para 19 of the anticipatory bail application and the blow is
not alleged to have been repeated and petitioner is not a criminal.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact that
the injury suffered by the injured has been opined to be simple in
nature as pleaded at para 19 of the anticipatory bail application, let
the petitioner above-named, in the event of his arrest or surrender
before the learned trial court within a period of six weeks from today,
be released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where the
case is pending/Successor Court in connection with Goradih P.S.
Case No. 126 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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