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Patna High Court

Shibu Yadav @ Shivshankar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to strict conditions under Section 438 CrPC and Section 482(2) BNSS, 2023.

Summary

The petitioner, Shibu Yadav, sought anticipatory bail in connection with a FIR (Raghopur PS Case No.132 of 2025) alleging assault on Pintu Yadav and the alleged disrobing of an informant’s wife, invoking sections 191(2), 191(3), 190, 126(2), 115(2), 127(2), 110, 76, 351(2) and 303(2) of the BNS, 2023. The petitioner argued that the case was a counter‑blast to another FIR and that the injury to the victim was simple, while the State opposed bail, emphasizing the specific allegations and the petitioner’s other pending cases. The court examined the nature of the injury, the existence of other cases, and the statutory provisions governing anticipatory bail. It held that bail could be granted provided the petitioner surrendered within thirty days, posted a bond of Rs.10,000 with two sureties, and complied with several conditions. Accordingly, the court ordered the release of the petitioner on anticipatory bail subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail under Section 438 of the CrPC should be granted in view of the alleged offences under the BNS, 2023.
  • Whether the simple nature of the injury and the petitioner’s pending cases justify the grant of bail.
  • Whether the conditions imposed by the court are appropriate to safeguard the trial process.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • assault
  • simple injury
  • bail conditions
  • BNS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87320 of 2025
                      Arising Out of PS. Case No.-132 Year-2025 Thana- RAGHOPUR District- Supaul
                 ======================================================
                 Shibu Yadav @ Shivshankar Yadav Son of Late Iner Yadav R/o Village -
                 Dharhara, Ward no. 12, P.S. - Raghopur,Distt. Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                  Heard Mr.Ranjay Kumar Singh, learned counsel for

                   the petitioner and Mr.Shyameshwar Dayal, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Raghopur P.S. Case No.132 of 2025, dated

                   09.04.2025 registered for the offences punishable under

                   Sections 191(2), 191(3), 190, 126(2), 115(2), 127(2), 110, 76,

                   351(2), 303(2), of BNS, 2023.

                                3. Allegation against the petitioner is that he gave a

                   Khanti blow on the head of Pintu Yadav. Further allegation

                   against the petitioner is that he alongwith co-accused person,

                   namely, Mukesh Yadav dragged the informant’s wife on the

                   ground due to which she became disrobed.
Patna High Court CR. MISC. No.87320 of 2025(2) dt.08-01-2026
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                       4. Learned counsel appearing for the petitioner

          submits that the present case is counter blast of Raghopur

          P.S.Case No.130/2025. Although the petitioner is named in

          the FIR and the specific allegation against the petitioner is

          that he alongwith other co-accused person assaulted to one

          Pintu Yadav. Although Pintu Yadav has received the injury but

          the injury report of Pintu Yadav suggests that the injury is

          simple in nature caused by hard and blunt substance.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submits that the petitioner is named in the FIR and there is

          direct and specific allegation against the petitioner that he is

          the order-giver of the present occurrence and apart from that

          he also assaulted to one Pintu Yadav and Pintu Yadav has

          received the injury. Further submits that the petitioner carries

          two more cases other than the present one but fairly submits

          that the petitioner is on bail in both the cases, as mentioned in

          para-3 of the bail petition.

                       6. Considering the aforesaid facts, there is case and

          counter case, injury inflicted upon the injured person is simple

          in nature, let the petitioner, above named, in the event of his

          arrest or surrender before the court below within a period of
Patna High Court CR. MISC. No.87320 of 2025(2) dt.08-01-2026
                                            3/4




          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 A.C.J.M.-1, Birpur in connection with Raghopur P.S.

          Case No.132 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 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
               Patna High Court CR. MISC. No.87320 of 2025(2) dt.08-01-2026
                                                           4/4




                         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          T


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