Patna High Court
Shibu Yadav @ Shivshankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS, 2023 — s. 110, 115(2), 126(2), 127(2), 190, 191(2), 191(3), 303(2), 351(2), 76
- BNSS, 2023 — s. 482
- Code of Criminal Procedure — s. 438
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
2/4
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
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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
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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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