Patna High Court
Rajendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to surrender within six weeks and furnishing a bail bond with two sureties as per Section 482(2) of the B.N.S.S.
Summary
The petitioner, Rajendra Yadav, applied for anticipatory bail fearing arrest in a case registered under several sections of the Bihar Negotiable Statutes (2023) for alleged assault and robbery. He contended that he has a clean record, the informant is not an eye‑witness, the injuries were minor, and the allegations stem from a property dispute with the victim, who is his agnate sister. The State opposed the bail, arguing the seriousness of the offences. The court examined the credibility of the FIR, the nature of the alleged offences, and the possibility of the petitioner fleeing or tampering with evidence. It held that bail could be granted provided the petitioner surrenders within six weeks and furnishes a bond with sureties, subject to Section 482(2) of the Bihar Negotiable Statutes (Special). The order released the petitioner on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted in view of the allegations under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
- Whether the FIR provides sufficient basis for arrest or if the petitioner can be deemed falsely implicated.
- Whether the petitioner is likely to flee, tamper with evidence, or otherwise obstruct the investigation.
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- false implication
- FIR
- property dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87030 of 2025
Arising Out of PS. Case No.-282 Year-2025 Thana- BANKA District- Banka
======================================================
Rajendra Yadav Son of Late Suresh Yadav R/o -Bhaturai Gora, Chatrapal,
P.S-Banka, District-Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 126(2), 115(2), 109,
303(2), 352, 351(2) and 3(5) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that his sister was sleeping in the courtyard of her
matrimonial home when accused persons came and Rajendra
Yadav (petitioner) assaulted her by rod causing injury on head
and she became unconscious, thereafter, Pawan Yadav tried to
strangulate her and Sunita Devi and Lilawati Devi assaulted her
on her waist and other parts of the body and accused persons
Patna High Court CR. MISC. No.87030 of 2025(2) dt.12-03-2026
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also assaulted her father-in-law, further, Sunita Devi and
Lilawati Devi snatched her ornaments.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that
informant is not an eye-witness to the occurrence nor he
disclosed that disclosed that how he came to know that
petitioner assaulted his sister. It is next submitted that the injury
suffered by the injured has been opined to be simple in nature,
as would manifest from Annexure-P/2 to the anticipatory bail
application. It is further submitted that petitioner and the victim
are agnates and are having dispute relating to property. It is next
submitted that petitioner is not a criminal.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by learned
counsel for the petitioner, let petitioner, above named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M., Banka in
Patna High Court CR. MISC. No.87030 of 2025(2) dt.12-03-2026
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connection with Banka P.S. Case No.282 of 2025, subject to the
conditions laid down under Section 482(2) of B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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