Patna High Court
Narayan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners, subject to bail bond and surety conditions.
Summary
The petitioners, three brothers from Lilabigha village, sought anticipatory bail fearing arrest in a case (Kashichak P.S. Case No.78 of 2025) involving numerous offences under the B.N.S. The prosecution alleged that a co‑accused, Ravish Kumar, caused a disturbance by parking an e‑rickshaw without a number plate, playing loud music, and assaulting police after an altercation. The petitioners contended they were merely alleged members of a mob, with no specific allegations against them, and that injuries were minor. They highlighted that similarly situated co‑accused had already been granted anticipatory bail in a related matter. The State opposed the bail. The Court, considering the circumstances, ordered that if the petitioners are arrested or surrender within six weeks, they be released on bail upon furnishing a Rs 10,000 bond each with sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in view of the allegations of mob assault on police.
Legislation cited
- B.N.S. — s. 109, 115, 121, 126, 131, 132, 190, 191, 324, 342, 351, 352, 482
Subjects
- anticipatory bail
- mob assault
- police assault
- B.N.S. sections
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79318 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- KASHICHAK District- Nawada
======================================================
1. Narayan Yadav Son of Ballabh Yadav Resident of Village - Lilabigha, P.S.-
Kashichak, District- Nawada.
2. Ishwar Yadav Son of Ballabh Yadav R/o Village - Lilabigha, P.S. -
Kashichak, Dist. - Nawada.
3. Mithilesh Yadav @ Mukesh Kumar Son of Ballabh Yadav R/o Village -
Lilabigha, P.S. - Kashichak, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Kashichak P.S. Case No.78 of 2025 instituted under
Sections 191(2), 190, 126(2), 115(2), 132, 109, 121(1), 121(2),
131(2), 324(4), 342(4), 352 and 351(2) of the B.N.S.
3. As per the prosecution case, co-accused Ravish
Kumar parked his toto (e-rickshaw) vehicle, without any
number plate, with a tape-recorder playing song in high volume
and when the police asked him to give way to pass, altercation
took place and thereafter, some villagers were called and the
police were assaulted.
Patna High Court CR. MISC. No.79318 of 2025(2) dt.05-01-2026
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4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that the allegation against the
petitioners is that they are only alleged to be members of the
mob and only on the basis of suspicion, they have been
implicated in this case. Learned counsel submits that injuries
sustained to the injured are simple in nature. He submits that
there is no specific allegation against the petitioners. He further
submits that similarly situated other co-accused persons,
namely, Jitendra Kumar @ Jitendra Yadav, Rakesh Kumar @
Rakesh Yadav, Santu Yadav and Manoj Yadav @ Manoj Kumar
have already been granted the privilege of anticipatory bail by a
co-ordinate Bench of this Court vide order dated 03.12.2025
passed in Cr. Misc. No. 77986 of 2025. The petitioners
undertake to cooperate in the trial and investigation.
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 petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
Patna High Court CR. MISC. No.79318 of 2025(2) dt.05-01-2026
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sureties of the like amount to each to the satisfaction of the
learned Additional Chief Judicial Magistrate VI, Nawada in
connection with Kashichak P.S. Case No.78 of 2025, subject to
the conditions laid down in Section 482(2) of the BNSS.
(Sunil Dutta Mishra, J)
AjayMishra/-
U T
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