Patna High Court

Sarad Yadav @ Sarad KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Petitioner Sarad Yadav sought anticipatory bail fearing arrest in a case under multiple sections of the Bharatiya Nyaya Sanhita alleging assault on the informant's husband and son and an attempt to outrage modesty. The prosecution’s case implicated all accused, but specific assault allegations were directed at three co‑accused, with only a general allegation against the petitioner. The petitioner asserted innocence, highlighted his clean antecedents, and pointed to the earlier grant of anticipatory bail to a similarly situated co‑accused, Ritesh Kumar. The State opposed the bail application. The Court, after considering the nature of the accusations, the petitioner’s clean record and the precedent, allowed anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to be enlarged on arrest within eight weeks. The order thus safeguards the petitioner’s liberty while ensuring compliance with procedural safeguards.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the serious nature of the allegations under the Bharatiya Nyaya Sanhita.
Whether the petitioner’s clean antecedent and the grant of bail to a co‑accused justify the issuance of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 324(4), 351(2), 352, 76

Subjects

anticipatory bail
criminal procedure
assault
clean antecedent
Bharatiya Nyaya Sanhita
Section 482
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86114 of 2025
                       Arising Out of PS. Case No.-264 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
                 Sarad Yadav @ Sarad Kumar S/o Kailu Yadav @ Ram Pravesh Yadav R/o
                 Vill- Ramdani, P.S.- Kako, Distt- Jehanabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Dr. Mrityunjaya Kr. Gautam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 191(2), 190, 126(2),

                   115(2), 109(1), 76, 324(4), 303(2), 352 and 351(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. The prosecution case, in brief, is that all the F.I.R.

                   named accused persons, including this petitioner, assaulted the

                   husband and son of the informant. It is further alleged that they

                   also tried to outrage the modesty of the informant.

                                4. It is submitted on behalf of the petitioner that

                   petitioner is innocent and has committed no offence as alleged.

                   Specific accusation of assault is against Deepak Mishra, Sintu

                   Yadav and Kedar Yadav. There is general and omnibus

                   allegation against this petitioner. It is further submitted that
              Patna High Court CR. MISC. No.86114 of 2025(2) dt.09-02-2026
                                                          2/2




                        similarly situated co-accused, namely, Ritesh Kumar has already

                        been granted anticipatory bail by this Court vide order dated

                        17.11.2025 passed in Cr. Misc. No. 72786 of 2025. Petitioner

                        claims clean antecedent.

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

                        the bail petition.

                                     6. Considering the nature of accusation, clean

                        antecedent of the petitioner and other circumstances of the case ,

                        this anticipatory bail is allowed and it is ordered that in the

                        event of arrest or surrender within eight weeks from today, let

                        the petitioner, as named above, 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 the learned Sub

                        Divisional Judicial Magistrate, Jehanabad in connection with

                        Kako (Bhelawar) P.S. Case No. 264 of 2025, subject to the

                        conditions laid down under section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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