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Patna High Court

Rinkesh Yadav @ Rinkesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, directing release on bail with conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rinkesh Yadav, applied for anticipatory bail in a case alleging offences under several sections of the B.N.S., including assault with a deadly weapon. He claimed a clean antecedent and asserted that the informant’s allegations were false, noting that the injuries described were either simple or a single grievous injury on a non‑vital part of the body. The petitioner also highlighted a counter‑case filed against the informant and assured the court of his cooperation and that he would not abscond. The State’s Additional Public Prosecutor opposed bail but could not refute the petitioner’s submissions regarding the nature of the injuries. Considering the facts, the court directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., and allowed the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences.
  • Whether the nature of the injuries (simple vs. grievous) affects the grant of bail.
  • Whether the petitioner poses a risk of absconding or tampering with evidence.

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • false implication
  • assault
  • grievous injury
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88297 of 2025
                 Arising Out of PS. Case No.-491 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Rinkesh Yadav @ Rinkesh Kumar S/o Sri Ram Parvesh Yadav @ Ram
                 Parvesh Rai R/o - East Laxmi Nagar, Khemnichak, P.S - Ram Krishna Nagar,
                 District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Vishwanath Prasad
                 For the Opposite Party/s :     Ms.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   18-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 115(2), 352, 351(2), 117(2), 303(2), 109 and

                   3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that this petitioner along with Rahul assaulted

                   her husband by iron rod causing injury on head thereafter

                   Amirak Rai assaulted by lathi causing injury on chest.

                                4. The learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.88297 of 2025(3) dt.18-03-2026
                                            2/3




          informant. It is next submitted that no doubt, it is alleged that

          petitioner assaulted the husband of the informant along with

          Rahul by an iron rod causing injury on head, but then, the

          injuries have been opined to be simple in nature. It is also

          submitted that one injury has been opined to be grievous in

          nature which is on non-vital part of the body i.e. forearm of the

          injured. It is next submitted that from side of the petitioner, Ram

          Krishana Nagar P. S. Case No. 228 of 2025 has been instituted

          against the informant and his side. It is next submitted that even

          persons from the side of the petitioner also suffered injury as on

          account of altercation, the occurrence is alleged to have taken

          place in which both sides assaulted each other. It is also

          submitted that petitioner will not abscond rather will cooperate

          in the investigation to prove to his innocence.

                       5. Learned A.P.P. opposes the anticipatory bail

          application, but then, is not in a position to rebut the submission

          made by the learned counsel appearing on behalf of the

          petitioner after perusing the case diary that the five injuries

          suffered by the injured has been opined to be simple in nature

          and grievous injury is on non-vital part of the body i.e. forearm.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the
               Patna High Court CR. MISC. No.88297 of 2025(3) dt.18-03-2026
                                                           3/3




                         event of his arrest or surrender before the learned Court below

                         within a period of six weeks, is directed to be released on bail

                         on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

                         Ten Thousand) with two sureties of the like amount each to the

                         satisfaction of the learned Trial Court where the case is

                         pending/successor Court in connection with Ram Krishna Nagar

                         P. S. Case No.491 of 2025, subject to the conditions laid down

                         under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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