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Patna High Court

Dhanu Yadav @ Narendra YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to pre‑arrest bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to conditions.

Summary

The petitioner, Dhanu Yadav, applied for pre‑arrest bail in connection with a case alleging assault and related offences under several sections of the Bharatiya Nagrik Suraksha Sanhita, 2023. The prosecution alleged that the petitioner participated in a lathi assault causing injuries to an informant and his brother, while the defence argued that the injuries were minor and not attributable to the petitioner, and highlighted his undertaking to cooperate. The court considered the nature of the accusations, the petitioner’s prior criminal antecedent, and his undertaking. Relying on Section 482(2) of the B.N.S., the court decided to grant bail, subject to a bond of Rs.10,000 with two sureties and specific conditions. The order also stipulated that bail could be cancelled if the petitioner intimidates witnesses or tampers with evidence.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482
  • criminal procedure
  • bail conditions
  • assault
  • injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83620 of 2025
                      Arising Out of PS. Case No.-366 Year-2024 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Dhanu Yadav @ Narendra Yadav S/O Ramashray Chaudhary R/O Vill.-
                 Kukurbhuka, P.S.- Kateya, Dist.- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepankar Raj, Adv.
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   06-01-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kateya P.S. Case No. 366 of 2024, registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1),

                   109(1), 74, 303(2), 352, 351(3) and 3 (5) of the B.N.S.-2023.

                                3. The allegation against the petitioner is of causing

                   assault to the informant and his brother along with co-accused

                   Rajesh Yadav by means of lathi and danda, leading to serious

                   injuries on their hands and leg. Besides the aforesaid allegation,

                   there is further allegation against other accused persons of

                   causing assault to the informant and other family members and

                   of snatching valuables .

                                4. Learned Advocate for the petitioner taking this
Patna High Court CR. MISC. No.83620 of 2025(2) dt.06-01-2026
                                            2/3




          Court through the FIR submitted that specific accusation has

          been levelled against the petitioner of causing assault by means

          of lathi along with other accused persons over hand and leg,

          which is admittedly not the vital part. Moreover, during the

          course of investigation, it has found that the injury, which is

          allegedly sustained to the brother of the informant is simple in

          nature. The injuries, which have been sustained on the vital part

          of the body of the informant, that has not been attributed to the

          petitioner. It is further contended that though the petitioner bears

          one criminal antecedent, as has been disclosed in paragraph no.

          3 of the bail application, however, he undertakes that he will

          fully co-operate in the proceeding of the Court and would not

          indulge in such activities in future.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the nature of accusation

          against the petitioner, coupled with the undertaking of the

          petitioner, let the petitioner above named be released on bail, in

          the event of his 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/-
            Patna High Court CR. MISC. No.83620 of 2025(2) dt.06-01-2026
                                                        3/3




                      (ten thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Additional Chief Judicial Magistrate-

                      VI, Gopalganj in connection with Kateya P.S. Case No. 366 of

                      2024, subject to the conditions laid down in Section 482(2) of

                      the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further

                      conditions that:-

                                   (i) One of the bailors shall be the own/close family

                      members of the petitioner.

                                   (ii) In case, if the petitioner shall be found indulge in

                      intimidating the informant/witnesses or tampering with the

                      evidence, the State/informant shall be at liberty to file an

                      application for cancellation of his bail.



                                                  (Harish Kumar, J)
shivank/-

U      T


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