Patna High Court
Ravindra YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court ordered the release of the petitioners on bail, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, three residents of Dhureparsa, sought bail fearing arrest in connection with Gehlaur Police Station Case No. 46 of 2025, which alleged offences under Sections 126(2), 115(2), 351(2), 352, 109 and 3(5) of the Bharatiya Nagrik Suraksha Sanhita (BNS). The informant claimed that the petitioners assaulted Urmila Devi and Ranju Devi, causing serious injuries, while the petitioners contended that the injuries were simple, the incident was a mutual free fight, and a counter‑case (Case No. 47) had been filed against the informant. The State opposed bail, arguing active participation and brutal assault by the petitioners. The Court, after considering the fair antecedent of the petitioners, the simple nature of the injuries, and the existence of a counter‑case, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNS. The order directed surrender before the Judicial Magistrate within four weeks, with one bailor to be a close family member.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the alleged offences under the BNS.
- Whether the simple nature of the injuries and the existence of a counter‑case justify bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 are satisfied.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- assault
- simple injury
- antecedent
- counter case
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84937 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- Gehlaur District- Gaya
======================================================
1. Ravindra Yadav Son of Late Sukhdev Yadav Resident of village -
Dhureparsa, P.S.- Gehlaur, District - Gaya.
2. Surendra Prasad Yadav @ Surendra Yadav Son of Tilesh Yadav @ Tileshwar
Yadav Resident of village - Dhureparsa, P.S.- Gehlaur, District - Gaya.
3. Ranjit Kumar Yadav @ Ranjit Yadav Son of Tilesh Yadav @ Tileshwar
Yadav Resident of village - Dhureparsa, P.S.- Gehlaur, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 07-01-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Gehlaur P.S. Case No. 46 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 351(2),
352, 109, 3(5) of the BNS.
3. While the informant had gone to market, in the
meanwhile, he revived an information through his wife that co-
accused Naulesh Kumar and Chandan Kumar assaulted his
father with spade; on receipt of such information, when he
rushed to the place of occurrence, he saw that these three
petitioners were engaged in assaulting Urmila Devi and Ranju
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Devi due to which they sustained serious injuries.
4.Learned Advocate for the petitioners submitted that
besides the omnibus nature of allegation, the injuries which are
allegedly sustained to Urmila Devi and Ranju Devi are
concerned, the same have been found to be simple in nature. To
support the aforesaid contention, the specific assertion has been
made in para-7 of the bail application. It is further contended
that in fact there is a counter version of the present case being
Gehlaur P.S. Case No. 47 of 2025 instituted against the
informant and others. In fact, on the fateful day, the parties have
entered into a free fight resulted into some unfortunate injuries
and the petitioners are having fair antecedent.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
petitioners have actively participated in the crime and brutally
assaulted the informant and others.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the case and counter case, coupled with the fair antecedent as
well as the submission of the learned Advocate for the
petitioners with respect to the simple nature of injury, let the
petitioners abovenamed be released on bail, in the event of their
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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)
each with two sureties of the like amount each to the satisfaction
of the learned Judicial Magistrate, 1st Class, Gaya in
connection with Gehlaur P.S. Case No. 46 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023, with the further condition that
one of the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
Anjani/-
U T
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