Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to all petitioners subject to a bond and conditions under section 482(2) of the BNSS, 2023.
Summary
The petitioners, a group of Yadav family members from Mirjapur, sought bail after being charged under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) and the Prevention of Witch Practices Act, 1999, for allegedly assaulting and stealing from informant Savita Devi. The FIR alleged that the petitioners, armed with lathis, abused the informant, assaulted her, and stole Rs. 20,000. The petitioners contended that the allegations were vague, the injuries were minor, and the case was retaliatory, noting a prior complaint they had filed against the informant’s family. The State opposed bail, arguing the seriousness of the offences. The Court, considering the petitioners’ clean antecedent, the nature of the alleged injuries, and the circumstances, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS, 2023.
Issues considered
- What is the appropriateness of granting bail to the petitioners under sections 126(2), 115(2), 74, 109, 305 of the BNS and sections 3 and 4 of the Prevention of Witch Practices Act, 1999?
- Whether the allegations constitute a grave offence warranting denial of bail?
- Whether the petitioners’ clean antecedent and the nature of injuries justify bail under section 482(2) of the BNSS, 2023?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — s. 109, 115(2), 126(2), 305, 482(2), 74
Subjects
- bail
- assault
- theft
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Prevention of Witch Practices Act
- section 482
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7688 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- MADANPUR District- Aurangabad
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1. Vijay Yadav Son of Nathun Yadav Resident of Village- Mirjapur, Po-
Teldiha, Ps- Madanpur, Dist- Aurangabad
2. Mukesh Yadav Son of Nathun Yadav Resident of Village- Mirjapur, Po-
Teldiha, Ps- Madanpur, Dist- Aurangabad
3. Jitendra Yadav Son of Nathun Yadav Resident of Village- Mirjapur, Po-
Teldiha, Ps- Madanpur, Dist- Aurangabad
4. Raj Kumar Yadav @ Raj Kumar son of Vijay Yadav Resident of Village-
Mirjapur, Po- Teldiha, Ps- Madanpur, Dist- Aurangabad
5. Sujit Yadav @ Sujit Kumar Son of Vijay Yadav Resident of Village-
Mirjapur, Po- Teldiha, Ps- Madanpur, Dist- Aurangabad
6. Dipak Kumar Son of Jitendra Yadav Resident of Village- Mirjapur, Po-
Teldiha, Ps- Madanpur, Dist- Aurangabad
7. Shila Devi wife of Mukesh Yadav Resident of Village- Mirjapur, Po-
Teldiha, Ps- Madanpur, Dist- Aurangabad
8. Nathun Yadav Son of Devnandan Yadav Resident of Village- Mirjapur, Po-
Teldiha, Ps- Madanpur, Dist- Aurangabad
9. Chameli Devi wife of Jitendra Yadav Resident of Village- Mirjapur, Po-
Teldiha, Ps- Madanpur, Dist- Aurangabad
10. Kunti Devi wife of Vijay Yadav Resident of Village- Mirjapur, Po- Teldiha,
Ps- Madanpur, Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal , Advocate
For the Opposite Party/s : Mr. Pranav Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126 (2), 115
Patna High Court CR. MISC. No.7688 of 2026(2) dt.19-02-2026
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(2), 74, 109 and 305 of BNS and 3 and 4 of Prevention of
Witch Practices Act, 1999.
3 . As per F.I.R. informant namely , Savita devi
alleged that all the accused persons including these petitioners
armed with lathi, stick came and abused informant by calling
her dayan and also assaulted her. It is further alleged that
accused persons snatched mobile from informant and committed
theft of Rs. 20,000/-.
4. It is submitted on behalf of the petitioners that
both the parties are relative of each other. Allegation of assault
is general and omnibus. Injuries caused by these petitioners are
simple in nature . As a matter of fact, prior to the present case ,
petitioner No. 7 had filed a complaint case No. 559 of 2024
dated 21.06.2024 which was forwarded and registered as
Madanpur Ps Case No. 365 of 2024 dated 20.09.2024 against
informant and her family members for assaulting petitioner No.
7 , after finding her alone at house and in order to save their skin
from the aforesaid case , this false and concocted case has been
lodged against these petitioners. Rest of the allegations are
ornamental in nature to make the case grave . Petitioners claim
clean antecedent.
5 . Learned counsel for the State oppose the bail
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petition .
6 Considering the nature of injury , clean antecedent
of these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate Aurangabad in connection with
Madanpur P.S. Case No. 85 of 2025 , subject to the conditions
laid down under section 482 ( 2 ) of the Bharatiya Nagarik
Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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