Patna High Court

Nagina Pd. Yadav @ Nagina Prasad YadavversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that anticipatory bail could be granted as the allegations were not grave and the injuries were simple, allowing release under Section 482(2) of the CrPC.

Summary

The petitioners, Nagina Pd. Yadav, Manoj Rai and Manager Pd. Yadav, sought anticipatory bail after a FIR alleged that they, along with unknown persons, assaulted an informant with a knife and stole gold lockets worth Rs. 42,000. They claimed innocence, asserting that the case was fabricated due to a matrimonial dispute, and that the alleged injuries were minor. The informant opposed the bail application. The court examined the nature of the accusations and the severity of the injuries, finding them insufficient to deny bail. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioners could be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.

Issues considered

Whether anticipatory bail should be granted in view of the alleged offences under the IPC.
Whether the allegations constitute a false or concocted case arising from a matrimonial dispute.
Whether Section 482(2) of the CrPC permits the grant of anticipatory bail in these circumstances.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)
Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504, 506

Subjects

anticipatory bail
Indian Penal Code
Section 482
Criminal Procedure Code
false complaint
injury
theft
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81826 of 2025
                  Arising Out of PS. Case No.-227 Year-2019 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
           1.     Nagina Pd. Yadav @ Nagina Prasad Yadav Son of Jagan Rai Resident of
                  Village - Baidhnathpur, P.S.- Chiraiya, District - East Champaran
           2.    Manoj Rai @ Manoj Kumar Son of Nagina Rai Resident of Village -
                 Baidhnathpur, P.S.- Chiraiya, District - East Champaran
           3.    Manager Pd. Yadav @ Manager Yadav Son of Surya Rai@Sury Rai
                 Resident of Village - Chorma, P.S.- Pakridayal, District - East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Nath Jha, A.P.P.
                 For the Informant        :      Ms. Shiwani Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   13-03-2026                     Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 341, 323, 379, 324, 504,

                   506, 307/34 of the Indian Penal Code.

                                3. As per F.I.R., these petitioners along with two

                   unknown miscreants assaulted on the head of informant by

                   means of knife and snatched gold locket worth Rs. 30,000/- and

                   Rs. 12,000/- from his pocket.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence.
              Patna High Court CR. MISC. No.81826 of 2025(6) dt.13-03-2026
                                                          2/2




                        Petitioner no. 1 is father-in-law of the informant and due to

                        matrimonial dispute, this false and concocted case has been

                        lodged against these petitioners. Allegation of assault is general

                        and omnibus. Injuries sustained by the injured are simple in

                        nature. Rest of the allegations are ornamental only to make the

                        case grave.

                                     5. Learned counsel for the informant vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation and injuries,

                        this anticipatory bail is allowed and it is ordered that let the

                        above named petitioners in the event of their arrest/surrender

                        before the court below within a period of eight weeks from

                        today, 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 Chief Judicial Magistrate,

                        East Champaran, Motihari in connection with Muffasil P. S.

                        Case No. 227 of 2019, subject to condition as laid down under

                        Section 482(2) of the BNSS.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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