Patna High Court
Ashok Yadav @ Ashok Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court denied anticipatory bail to petitioner no.1 but granted bail to petitioners no.2 and no.3 subject to conditions.
Summary
The petitioners, Ashok Yadav, Shyam Sundar Yadav and Anawati Devi, sought anticipatory bail in connection with PS Mainatand Case No.146 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The incident involved the petitioners, armed with an iron rod and a hashua, assaulting an informant who was feeding his buffalo, resulting in grievous injuries to the informant and allegations of snatching valuables. The petitioners argued that there was a pre‑existing enmity and that the altercation was a "free fight", also highlighting the health condition of petitioner 3 (monocular blindness) and claiming the snatching allegation was fabricated. The State opposed bail, emphasizing the seriousness of the assault, the grievous injury caused, and undisclosed prior criminal antecedents of petitioners 1 and 2. The Court, after considering the submissions, denied anticipatory bail to petitioner 1 due to the seriousness of the charge and his antecedents, but granted bail to petitioners 2 and 3 subject to a Rs.10,000 bond, two sureties, and the condition that one bailor be a close family member, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to petitioner no.1 under the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the alleged grievous injury and his criminal antecedent
- Whether petitioners no.2 and no.3 are entitled to bail despite the charges and their personal circumstances
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 352(3), 357(3)
Subjects
- anticipatory bail
- grievous injury
- criminal antecedent
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- bail conditions
- gender and health considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83570 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- MAINATAND District- West Champaran
======================================================
1. Ashok Yadav @ Ashok Kumar Yadav S/O Late Singhashan Yadav Resident
Of Village - Gauripur, P.S- Mainatand, Dist.- West Champaran
2. Shyam Sundar Yadav Son of Ashok Yadav Resident Of Village - Gauripur,
P.S- Mainatand, Dist.- West Champaran
3. Anawati Devi Wife of Ashok Yadav Resident Of Village - Gauripur, P.S-
Mainatand, Dist.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar Singh, Adv.
For the Informant : Mr. Rahul Kumar Shukla, Adv.
Mr. Shivam Kumar Deep, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State as well as learned Advocate for the informant.
2. The petitioners are apprehending their arrest in
connection with Mainatand P.S. Case No. 146 of 2025,
registered for the offences punishable under Sections 126(2),
115(2), 303(2), 109, 357(3), 352(3) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. On the fateful day, while the informant was feeding
his buffalo, in the meanwhile, the petitioners variously armed
with iron rod and hashua came there and started abusing,
Patna High Court CR. MISC. No.83570 of 2025(2) dt.06-01-2026
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besides threatened them not to depose in the trial. On protest
being made, it is specifically alleged that the petitioner no. 1
assaulted him by means of iron rod over his head, due to which
he sustained serious injuries. There is further allegation against
petitioner 2 and 3 of causing assault and snatching of valuables.
4. Learned Advocate appearing on behalf of the
petitioners submitted that from bare reading of the FIR it is
evident that there was previous enmity between the parties. In
fact, on account of the aforesaid reason, the parties have entered
into a free fight, resulting into some unfortunate injuries, as also
institution of case and counter case bearing Mainatand P.S. Case
No. 152 of 2025 lodged against the informant and others. So far
the allegation of snatching of valuable is concerned, the same is
nothing but a concocted one; moreover, the petitioner no. 3 is
said to be an ailing woman who suffers from blindness from one
eye. The petitioners are having one criminal antecedent as has
been disclosed in paragraph no. 3 of the bail application.
5. On the other hand, learned Advocate for the State
and the informant vehemently opposed the pre-arrest bail
application and submits that because of the assault being made
by the petitioner no. 1, the informant has suffered a grievous
injury as is evident from the impugned order. Moreover, the
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petitioner nos. 1 and 2 also bear one more antecedent which has
not been disclosed in paragraph no. 3 of the bail application.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the specific nature of accusation against the petitioner no. 1
of causing assault to the informant leading to grievous injury
besides his criminal antecedent, this Court is not acceded to
the prayer for anticipatory bail of petitioner no.1,
accordingly the prayer for bail of the petitioner no.1 stands
rejected. So far the petitioner nos. 2 and 3 are concerned,
considering the fact that the petitioner no. 2 is a man of
tender age, whereas petitioner no. 3 is a woman suffering
from monocular vision, let both the petitioner nos. 2 and 3 be
released on bail, in the event of their arrest or surrender
before the court below within a period of four weeks from
the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Bettiah, West Champaran in
connection with Mainatand P.S. Case No. 146 of 2025, subject
to the conditions laid down in Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023 with the further condition that
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one of the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
supratim/-
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