Patna High Court
Prechandra YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 351(2), 351(3), 352, 4(5)
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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