Patna High Court
Birendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117, 118, 126, 191(2), 191(3), 303(2), 351(2-4), 352, 482(2)
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
2/3
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
3/3
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
Checking your session…