Created by Fuzzy Cloud

Patna High Court

Naresh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Naresh Yadav applied for anticipatory bail after an FIR alleged that he pressed the neck of an informant, invoking several offences under the Bharatiya Nyaya Sanhita. The petitioner asserted innocence, claiming no injury to the informant, no overt act, and a clean antecedent. The State opposed the bail application. The Court examined the nature of the accusations, the petitioner’s clean record, and the lack of concrete evidence of injury. Considering these factors, the Court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under Sections 126(2), 115, 118(1), 74, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the absence of injury and clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • clean antecedent
  • no injury
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85937 of 2025
                         Arising Out of PS. Case No.-130 Year-2025 Thana- DOBHI District- Gaya
                 ======================================================
                 Naresh Yadav Son of Late Sarjoo Yadav Resident of Village - Dobhi, P.S. -
                 Dobhi, District - Gaya.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md. Javed Jafar Khan, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115, 118(1), 74,

                   303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., this petitioner is alleged to have

                   pressed the neck of informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. There is no

                   injury on neck of the informant. No specific allegation of any

                   overt act is alleged against the petitioner. Petitioner claims clean

                   antecedent.

                                5. Learned A.P.P. for the State vehemently opposed

                   the bail application.

                                6. Considering backdrop of the case, nature of

                   accusation and clean antecedent, this anticipatory bail is allowed
              Patna High Court CR. MISC. No.85937 of 2025(2) dt.07-01-2026
                                                          2/2




                        and it is ordered that let the above named petitioner in the event

                        of his arrest/surrender before the court below within a period of

                        eight weeks from today, 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 Additional Chief Judicial

                        Magistrate 1st Class, Sherghati, Gaya in connection with Dobhi

                        P. S. Case No. 130 of 2025, subject to condition as laid down

                        under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.