Patna High Court
Ashudas YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioners were entitled to anticipatory bail, subject to conditions, as the injuries were simple and the allegations did not preclude the exercise of discretion under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Ashudas Yadav and Niraj Kumar Yadav, applied for anticipatory bail fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, including assault with a lathi and an iron rod. The FIR alleged that petitioner 1 assaulted Meena Kumari and petitioner 2 assaulted Amit Kumar Yadav, causing only simple injuries. The petitioners contended they were innocent and that the injuries were minor, while the State opposed the bail. The court examined the nature of the allegations, the extent of injuries, and the case‑and‑counter‑case, and concluded that the circumstances did not justify denial of bail. Accordingly, the court granted anticipatory bail, directing the petitioners to surrender within eight weeks and to furnish a bail‑bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged assaults and the extent of injuries warrant denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118, 126(2), 191(2), 303(2), 324(4), 351(2), 352
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81885 of 2025
Arising Out of PS. Case No.-331 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
1. Ashudas Yadav S/o Durga Yadav R/o vill - Sarangpur, P.s.- G.B. Nagar,
Distt.- Siwan
2. Niraj Kumar Yadav S/o Durga Yadav R/o vill - Sarangpur, P.s.- G.B. Nagar,
Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Danish Quamar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 13-03-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 126(2), 115(2),
118, 117(2), 109, 303(2), 324(4), 352, 351(2) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., petitioner no. 1 assaulted one Meena
Kumari, sister-in-law of the informant, by means of lathi and
petitioner no. 2 assaulted Amit Kumar Yadav by means of iron
rod.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Injuries
Patna High Court CR. MISC. No.81885 of 2025(5) dt.13-03-2026
2/2
sustained by the injured are simple in nature. Case and counter
case.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
case and case and counter case, 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 Additional Chief
Judicial Magistrate V, Siwan in connection with G.B. Nagar P.
S. Case No. 331 of 2025, subject to conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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