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Patna High Court

Arun YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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.
Patna High Court CR. MISC. No.87315 of 2025(2) dt.08-01-2026
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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
Patna High Court CR. MISC. No.87315 of 2025(2) dt.08-01-2026
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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
           Patna High Court CR. MISC. No.87315 of 2025(2) dt.08-01-2026
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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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