Patna High Court
Yogi YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail should be granted to the petitioner subject to the stipulated conditions, finding no sufficient ground to deny bail.
Summary
Yogi Yadav applied for anticipatory bail fearing arrest in a criminal case (PS Case No.295 of 2025) under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging assault with an iron rod during a cricket match dispute. The prosecution’s informant claimed the petitioner ordered the assault, while the petitioner contended he was falsely implicated due to a land dispute and highlighted a ten‑day delay in filing the FIR. He also pointed to a compromise between the parties and his clean antecedents, noting that a co‑accused had already been granted anticipatory bail. The State opposed the bail, arguing the seriousness of the offences. After considering the facts, the court granted anticipatory bail on the condition of surrender within six weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the delay in lodging the FIR and the existence of a compromise affect the grant of bail.
- Whether the petitioner’s clean antecedent and cooperation with investigation justify bail despite the serious nature of the charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- FIR delay
- compromise petition
- land dispute
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79220 of 2025
Arising Out of PS. Case No.-295 Year-2025 Thana- RAJNAGAR District- Madhubani
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Yogi Yadav Son of Shibu Yadav Resident of Village - Palibar (Paliwar) Nagar
Nigam, Ward No.- 18, P.S.- Rajnagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate.
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
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 connection
with Rajnagar P.S. Case No.295 of 2025 instituted under
Sections 126(2), 115(2), 109(1), 352, 351(2), 351(3), 3(5) of the
B.N.S., 2023.
3. As per the prosecution case, the informant alleges
that on account of dispute in a cricket match, on the order of
petitioner, co-accused Parikshan Yadav assaulted his son by an
iron rod causing injury on his rib cage and doctor referred him
to DMCH for better treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case due to land dispute. He further submits that the F.I.R. has
Patna High Court CR. MISC. No.79220 of 2025(2) dt.05-01-2026
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been lodged after a delay of 10 days without any plausible
reason which casts aspersion on the case of the prosecution. The
occurrence take place between the children of both sides and on
intervention of well-wishers, the parties have compromised the
matter and in this regard a compromise petition has been filed
which is annexed as Annexure-2 to this application. He further
submits that petitioner has got clean antecedent and he
undertakes to cooperate in the investigation and trial of the case.
Learned counsel submits that co-accused Parikshan Yadav has
already been granted anticipatory bail by the Co-ordinate Bench
of this Court vide order dated 04.12.2025 passed in Cr. Misc.
No.78760 of 2025 and the case of petitioner is on better footing.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned A.C.J.M.-Ist, Madhubani in connection with Rajnagar
P.S. Case No.295 of 2025, subject to the conditions laid down in
Patna High Court CR. MISC. No.79220 of 2025(2) dt.05-01-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
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