Patna High Court
Arun YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to Binod Yadav subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the BNS, 2023.
Summary
The petitioners Arun Yadav and Binod Yadav were implicated in PS Mali Case No.150 of 2025 for offences including assault with a sword under various sections of the BNS, 2023. Arun Yadav sought to withdraw his bail application and was permitted to surrender and seek regular bail. Binod Yadav applied for anticipatory bail, claiming false implication and noting that the injury to the alleged victim was simple and that there is a case‑and‑counter‑case. The State opposed the bail, citing another pending case. The Court, considering the nature of the injury and the existence of a case‑and‑counter‑case, granted Binod Yadav anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) BNS, 2023, including a bail bond and sureties, and imposed compliance requirements.
Issues considered
- Whether anticipatory bail should be granted to Binod Yadav despite the serious charges and alleged assault with a sword.
- Whether the nature of the injury and the presence of a case‑and‑counter‑case justify granting bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- bail conditions
- Criminal Procedure Code
- BNS 2023
- assault with sword
- simple injury
- case and counter case
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87315 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- MALI District- Aurangabad
======================================================
1. Arun Yadav S/o Ram Prasad Yadav
2. Binod Yadav S/o Ram Prasad Yadav
Both are Resident of Village- Parmeshwari, P.S- Mali, District- Aurangabad
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 After some arguments, learned counsel for the
petitioners seeks permission to withdraw this application with
respect to petitioner No.1, namely, Arun Yadav with liberty to
the petitioner to surrender before the learned court below within
a period of four weeks from today and seek regular bail.
2. Permission is accorded.
3. The application is dismissed as withdrawn with
respect to petitioner No.1, namely, Arun Yadav with the liberty
that the petitioner surrenders and seeks regular bail before the
learned court below, the same shall be considered on the same
day on its own merit in accordance with law and without being
prejudiced by any observation in the present order.
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4. Heard Mr.Ranjit Kumar, learned counsel for the
petitioner No.2, namely, Binod Yadav and Mr.Ashok Kumar
Singh, learned Additional Public Prosecutor for the State.
5. Petitioner No. 2, namely, Binod Yadav is
apprehending his arrest in connection with Mali P.S. Case
No.150 of 2025, dated 01.08.2025 registered for the offences
punishable under Sections 126(2), 191(2), 191(3), 190, 115(2),
118(1), 118(2), 109, 74, 303(2), 352, 351(2), 351(3) of BNS,
2023.
6. Allegation against the petitioner is that he assaulted
to one Kamlesh Yadav by means of sword.
7. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. There is case and counter case. Although there is
specific allegation against the petitioner in the FIR that he
assaulted to one Kamlesh Yadav by means of sword and he has
received the injury but the injury report of Kamlesh Yadav
suggests that the injury is simple in nature.
8. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that the petitioner carries one more case other than the
present one but fairly submits that the petitioner is on bail in the
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said case, as mentioned in para-3 of the bail petition.
9. Considering the aforesaid facts, injury inflicted
upon the injured person is simple in nature and there is case and
counter case, let petitioner No. 2, namely, Binod Yadav, in the
event of his arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs.10,000 (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Aurangabad in
connection with Mali P.S. Case No.150 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of BNSS, 2023 and with
other following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
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verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U
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