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Patna High Court

Birendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Birendra Yadav, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita relating to assault and other offences. He contended that the FIR does not specifically allege any assault by him, that the injuries described were minor, and that he has a clean antecedent and will cooperate with the investigation. The petitioner also highlighted that he had previously obtained anticipatory bail in a related matter. The State opposed the bail, arguing the seriousness of the allegations. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita despite the FIR alleging multiple offences.
  • Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87115 of 2025
                   Arising Out of PS. Case No.-1 Year-2025 Thana- CHAKARANDHA P.S. District- Gaya
                 ======================================================
                 Birendra Yadav Son of Bishundev Yadav @ Bishundeo Yadav @ Vishundev
                 Yadav Resident of village- Pichhulia, Ps- Chhakarbandha, Dist- Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   191(3), 126, 115(2), 118, 117, 109, 303(2), 352, 351(2-4) of the

                   Bharatiya Nyaya Sanhita.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on account of dispute relating to dumping of waste,

                   Bishundev along with his daughter assaulted the sister of the

                   informant, Lakshmania Devi and thereafter his brother, Tuntun

                   Yadav by Kulhari causing injury on head, thereafter Bishundev

                   along with three other accused persons assaulted his father,

                   further Bishuni Yadav, son of late Chamru Yadav assaulted his
Patna High Court CR. MISC. No.87115 of 2025(2) dt.18-02-2026
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          father by kulhari 3-4 times causing injury on head and accused

          took rupees five thousand from his father's pocket, while he was

          lying on the ground, further the injured were taken to hospital

          and his father was referred to a higher centre.

                       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

          allegation as alleged in the FIR, it would manifest that no

          specific allegation of assault is alleged against the petitioner. It

          is further submitted that the injury of the brother and sister of

          the informant has been opined to be simple in nature. It is next

          submitted that specific allegation of assaulting the father of the

          informant 3-4 times by kulhari is against Bishuni Yadav son of

          Late Chamru Yadav. It is also submitted that petitioner will not

          abscond rather will cooperate in the investigation to prove his

          innocence. It is next submitted that Bishundeo Yadav had

          approached this Court seeking anticipatory bail by filing

          Criminal Miscellaneous No. 54625 of 2025 and the same came

          to be allowed by an order dated 27.08.2025.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned
            Patna High Court CR. MISC. No.87115 of 2025(2) dt.18-02-2026
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                      counsel for the petitioner, the petitioner above-named, in the

                      event of his arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned trial

                      court where the case is pending/successor court in connection

                      with Chakarbandha P.S. Case No. 01 of 2025, subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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