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Patna High Court

Prechandra YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioners, subject to bond, surety, and surrender conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, five residents of Kumharchakki village, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault on an informant and his brother. They contended that the allegations were false, arising from a spontaneous fight over a DJ sound dispute, and that the FIR was lodged 12 days after the incident without justification. The State opposed the bail, emphasizing the seriousness of the offences. The court examined the circumstances, noting the petitioners' lack of criminal antecedents and the general nature of the accusations, and decided to grant bail subject to bond and surety conditions. The order was made under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, directing the petitioners to surrender within six weeks.

Issues considered

  • Whether bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita
  • Whether the delay in filing the FIR and the claim of a mutual fight affect the bail decision
  • Whether the allegations constitute false implication warranting denial of bail
  • Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • assault
  • false implication
  • delay in FIR
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87630 of 2025
                       Arising Out of PS. Case No.-105 Year-2025 Thana- Mufassil District- Khagaria
                 ======================================================
           1.     Prechandra Yadav Son of Chamru Yadav Resident of Village- Kumharchakki
                  PS -Muffasil District- Khagaria
           2.    Sanjit Yadav Son of Chamru Yadav Resident of Village- Kumharchakki PS
                 -Muffasil District- Khagaria
           3.    Budal Yadav @ Budul Yadav Son of Sushil yadav Resident of Village-
                 Kumharchakki PS -Muffasil District- Khagaria
           4.    Ramachu yadav Son of Late Suresh Yadav Resident of Village-
                 Kumharchakki PS -Muffasil District- Khagaria
           5.    Karelal Yadav @ Sachindra Yadav Son of Ganesh yadav Resident of
                 Village- Kumharchakki PS -Muffasil District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amar Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-01-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 126(2), 115(2), 303(2), 109, 352,

                   351(2), 351(3) and 4(5) of Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, all the accused persons

                   including the petitioners abused and assaulted the informant and

                   his brother due to which they sustained injuries.
Patna High Court CR. MISC. No.87630 of 2025(2) dt.12-01-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in the

          present case due to malice and previous grudge. Further

          submission is that on the alleged date of occurrence, a free fight

          took place between the parties over the dispute with regard to

          DJ sound, in which both sides sustained injury. The F.I.R. has

          been lodged after a delay of 12 days without any plausible

          reason. There is case and counter case between the parties for

          the same occurrence. Allegations against the petitioners are

          general and omnibus. The nature of the injury to the injured is

          simple. Petitioners have no criminal antecedent. They undertake

          to cooperate in the investigation and trial.

                          5. Learned A.P.P. appearing on behalf of the State

          opposed the bail application.

                          6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the parties,

          let the above named petitioners be released on bail, in the event

          of arrest or surrender before the learned court below within a

          period of six weeks from today, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

          the like amount each to the satisfaction of learned Chief Judicial

          Magistrate, Khagaria in connection with Muffasil P.S. Case No.
            Patna High Court CR. MISC. No.87630 of 2025(2) dt.12-01-2026
                                                        3/3




                      105 of 2025, subject to the conditions as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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