Patna High Court
Naresh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115, 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
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
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