Patna High Court
Sajan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the second petitioner subject to the stipulated conditions.
Summary
The petitioners, Sajan Kumar Yadav and Shambhu Yadav, were involved in a family quarrel that escalated into physical assaults, leading to charges under several sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.). Petition 1 withdrew his anticipatory bail application, while Petition 2 sought anticipatory bail fearing arrest in connection with the case. The prosecution alleged that Petition 2 grabbed the informant’s hair and assaulted her, though no injury to the informant was proven, and the petitioner claimed innocence and a clean record. The State opposed the bail, citing the seriousness of the offences. After considering the facts, the court granted anticipatory bail to Petition 2, subject to a bail bond of Rs.10,000, two sureties, and a requirement to surrender within six weeks, under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the second petitioner despite the serious charges under the B.N.S.S.
- Whether the petitioner’s lack of prior criminal record and willingness to cooperate justify bail
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied
Subjects
- anticipatory bail
- assault
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- bail conditions
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80227 of 2025
Arising Out of PS. Case No.-372 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Sajan Kumar Yadav S/O Shambhu Yadav Resident of village- Tikuliya, P.S.-
Motihari Mufassil, Dist.- East Champaran
2. Shambhu Yadav S/O Janayi Yadav Resident of village- Tikuliya, P.S.-
Motihari Mufassil, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-01-2026 After some argument, learned counsel for the
petitioners seeks permission to withdraw the anticipatory bail
petition filed on behalf of Petitioner No. 1.
2. Permission is accorded.
3. Accordingly, the anticipatory bail petition with
regard to Petitioner No. 1 is dismissed as withdrawn.
4. Heard learned counsel for Petitioner no. 2 and
learned A.P.P. for the State.
5. Petitioner No. 2 apprehends his arrest in connection
with Motihari Muffasil P.S. Case No. 372 of 2025, instituted
under Sections 126(2), 115(2), 118(1), 109, 74, 352, 3(5) of the
B.N.S.
Patna High Court CR. MISC. No.80227 of 2025(2) dt.07-01-2026
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6. As per the prosecution case, on the date of
occurrence, some quarrel took place between the children of
informant and accused Shambhu Yadav upon which accused
Sajan Yadav assaulted the son of the informant due to which
blood oozed out from his nose. When the informant made query
to Sajan Kumar Yadav, then Shambhu Yadav tossed her and
assaulted her with leg and fists. When the daughter and husband
of the informant came to save her, accused Sajan Kumar Yadav
assaulted her husband with iron rod causing injury on his head.
7. Learned counsel for Petitioner No. 2 submits that
he is innocent and has falsely been implicated in this case.
Allegation against Petitioner No. 2 is that he grabbed the hair of
the informant and assaulted with leg and fists. There is no injury
caused to informant. Specific allegation of assault is against co.-
accused Sajan Kumar Yadav (Petitioner No. 1) due to the
dispute arose between the children. Petitioner No. 2 has no
criminal antecedent. He undertakes to co-operate in the
investigation and trial.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
9. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
Patna High Court CR. MISC. No.80227 of 2025(2) dt.07-01-2026
3/3
event of arrest or surrender before the Court below within six
weeks from today, Petitioner No. 2 be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, East Champaran, Motihari in
connection with Motihari Muffasil P.S. Case No. 372 of 2025,
subject to the conditions laid down in Section 482 (2) of the
Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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