Patna High Court
Sushil Yadav @ Sushil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied for petitioner 1 and granted to petitioner 2 subject to conditions under Section 482 of the B.N.S.S., 2023.
Summary
The petitioners, Sushil Yadav and Sobha Devi, sought anticipatory bail after being implicated in a violent incident where the informant's son was grievously injured by petitioner 1 with a knife and the informant herself was assaulted by petitioner 2 with a lathi. The FIR listed offences under Sections 126(2), 115(2), 118(1), 303(2), 76, 352, 351(2)(3) and 3(5) of the B.N.S. The court examined the severity of the injuries and the clean antecedent of petitioner 2, concluding that the serious nature of the injury to the son warranted denial of bail for petitioner 1. Conversely, the court granted anticipatory bail to petitioner 2, imposing a bail bond of Rs.10,000 with two sureties and conditions under Section 482 of the B.N.S.S., 2023. The order was that petitioner 2 must surrender within eight weeks, while petitioner 1’s bail request was rejected. The application was thereafter disposed.
Issues considered
- Whether anticipatory bail should be granted to petitioner 1 given the alleged grievous injury to the informant's son.
- Whether anticipatory bail should be granted to petitioner 2 considering the simple injury to the informant and her clean antecedent.
- Whether Section 482 of the B.N.S.S., 2023 can be invoked to impose conditions on the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 115(2), 118(1), 126(2), 303(2), 3(5), 351(2)(3), 352, 76
- B.N.S.S., 2023 — s. 482
Subjects
- anticipatory bail
- grievous injury
- simple injury
- Section 482
- Criminal Procedure
- gender considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84377 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- Bhararhi District- Madhepura
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1. Sushil Yadav @ Sushil Kumar S/o Govind Yadav Resident of Village-
Manpur, Godhiyari, P.S.- Bharrahi, District- Madhepura
2. Sobha Devi W/o Sushil Yadav @ Sushil Kumar Resident of Village-
Manpur, Godhiyari, P.S.- Bharrahi, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manjeet Kumar Mishra
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 118(1),
303(2), 76, 352, 351(2)(3), 3(5) of the B.N.S.
3. As per F.I.R., on 12.07.2025 at about 9 PM, the
informant was at her home, in the meantime, all the accused
persons including petitioners came and started abusing
informant and others. Petitioner no. 1 is alleged to have
assaulted son of informant with knife causing grievous injury to
him, whereas petitioner no. 2 assaulted assaulted informant with
lathi. Petitioner no. 1 is also alleged to have disrobed informant.
Patna High Court CR. MISC. No.84377 of 2025(3) dt.22-01-2026
2/2
4. Considering the fact that son of informant sustained
grievous injury, caused by petitioner no. 1 (Sushil Yadav), his
prayer for anticipatory bail is rejected.
5. However, since injury caused to informant by
petitioner no. 2 is simple, coupled with the fact that she is lady
and has got clean antecedent, in the event of her arrest/surrender
within a period of eight weeks from today, let the petitioner no.
2 namely Shobha Devi be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Madhepura in connection with Bharrahi P.S. Case
No. 117 of 2025, subject to condition as laid down under
Section 482 of the B.N.S.S., 2023.
6. This application is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
anay
U T
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