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Patna High Court

Ravindra YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.84937 of 2025(2) dt.07-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.84937 of 2025(2) dt.07-01-2026
                                                       3/3




                     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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