Patna High Court
Raushan Kumar Yadav @ Raushan Kumar @ Saheb KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to petitioner No. 2 (Yaswant Kumar) subject to the conditions imposed under the relevant statutes.
Summary
The petitioners, Raushan Kumar Yadav and Yaswant Kumar, applied for anticipatory bail in connection with a police case alleging multiple assaults under several sections of the Bharatiya Nyaya Sanhita, 2023. The petition for Raushan Kumar was dismissed as it was not pressed, while Yaswant Kumar’s application was heard. The petitioner argued that the alleged injury to the victim was to a non‑vital part of the body, that he was falsely implicated, and cited his existing bail in three other cases. The State opposed bail, contending that the accused had brutally assaulted the informant and others. The High Court, considering the facts and the statutory provisions, granted anticipatory bail to Yaswant Kumar subject to stringent conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner for offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature and severity of the alleged injury (non‑vital part of the body) affect the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
- non‑vital injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81937 of 2025
Arising Out of PS. Case No.-300 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Raushan Kumar Yadav @ Raushan Kumar @ Saheb Kumar, Son of Sanjay
Kumar @ Sanjay Yadav @ Sanjay Kumar Yadav;
2. Yaswant Kumar, Son of Sanjay Kumar @ Sanjay Yadav @ Sanjay Kumar
Yadav;
Both are resident of Village - Shankar Saraiya, Ahir Toli, P.S. - Turkauliya,
Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Informant : Mr. Karandeep Kumar, Adv.
For the State : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 The learned counsel for the petitioners, at the very
outset, submits that he shall not be pressing the application of
petitioner No. 1, namely, Raushan Kumar Yadav @ Raushan
Kumar @ Saheb Kumar.
2. Accordingly, the application with respect to
petitioner No. 1 stands dismissed as not pressed.
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3. Heard the learned counsel for the petitioner No. 2,
namely, Yaswant Kumar and the learned A.P.P. for the State.
4. The petitioner is apprehending his arrest in
connection with Turkauliya P.S. Case No. 300 of 2025
registered for the offence(s) under Section(s) 191(2), 190,
126(2), 115(2), 118(1), 117(2) and 109(1) of the Bharatiya
Nyaya Sanhita, 2023 (B.N.S.).
5. As per the prosecution case, the informant has
alleged that the named accused persons including the petitioner
along with unknown persons had assaulted the informant with
various weapons. It has been specifically alleged that
accused/Sanjay Yadav repeatedly assaulted the informant with
Dabila and hammer due to which he received head injuries and
fell down on the ground. It is further alleged that the relatives
of the informant were given knife blows in the abdomen by one
Raushan Kumar, causing injury to Akash Kumar while the
accused/Yaswant Kumar (petitioner) assaulted Arjun Kumar
with Dabila.
6. The learned counsel for the petitioner submits that
there is an allegation of assault to one Arjun Kumar with Dabila
by the petitioner on his hand, which is not the vital part of the
body. It has further been submitted that the petitioner has
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falsely been implicated in this case and no such occurrence as
stated has ever taken place. The learned counsel refers to the
injury report brought on record and from the perusal of the
same, it would appear that the injuries sustained by aforesaid
Arjun Kumar, whom the petitioner had assaulted, is said to be
on non-vital part of the body and was also found to be simple in
nature. It has further been submitted that there is case and
counter case between the parties. It has lastly been submitted
that the petitioner carries altogether three criminal cases against
his name, the details of which have been brought on record by
way of supplementary affidavit and the petitioner is on bail in
all such cases.
7. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the petitioner
and has submitted that the petitioner and others have brutally
assaulted the informant and others and, therefore, they should
not be given the benefit of anticipatory bail.
8. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner No. 2, namely, Yaswant Kumar, be released on
anticipatory bail, in the event of his arrest or surrender before
the concerned Court/successor Court within a period of four
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weeks from today, on his furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the concerned
Court/successor Court where the case is pending in connection
with Turkauliya P.S. Case No. 300 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 read with corresponding Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(vi) In view of the antecedent of the petitioner, the
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petitioner is directed to appear before the Superintendent
of Police, East Champaran at Motihari within fifteen (15)
days of his release with a copy of this order and every two
weeks thereafter for the next nine months. The conduct of
the petitioner will be kept under watch in this period by
the concerned Superintendent of Police and if it is found
wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation
of bail of the petitioner for reasons of misuse of bail.
After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the Court
concerned.
9. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
10. The application stands disposed off accordingly.
(Sourendra Pandey, J)
Praveen-II/-
U T
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