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Patna High Court

Purnvasi @ Vishnu Yadav @ Vishnu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to a bail bond and sureties.

Summary

The petitioners, a group of seven individuals from Rohtas district, applied for anticipatory bail fearing arrest in connection with FIR No. 131 of 2025, which alleged assault on an informant and the theft of Rs. 5,500. The prosecution charged them under Sections 191(2), 190, 109, 118(1), 303(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita. The petitioners contended they were falsely implicated and that the informant’s injury was simple, also highlighting their clean or minimal criminal antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the minor nature of the injury and the petitioners’ backgrounds, granted anticipatory bail subject to a bail bond of Rs. 10,000 and two sureties, invoking Section 438(2) of the CrPC and Section 482 of the BNSS. The order directed that the bail be effected if the petitioners are arrested or surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused of offences under Sections 191(2), 190, 109, 118(1), 303(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita.
  • Whether the nature of the alleged injury and the petitioners' criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • assault
  • theft
  • simple injury
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89437 of 2025
                      Arising Out of PS. Case No.-131 Year-2025 Thana- INDRAPURI District- Rohtas
                 ======================================================
           1.     Purnvasi @ Vishnu Yadav @ Vishnu Kumar son of Nepali yadav Resident
                  Of village- Bhaisaha, Ps- Inderpuri, Dist- Rohtas
           2.    Banti Yadav @ Rupesh Kumar son of Manoj Singh @ Bhanu yadav
                 Resident Of village- Bhaisaha, Ps- Inderpuri, Dist- Rohtas
           3.    Bagha Yadav @ Vikash Kumar son of Krishna Yadav Resident Of village-
                 Bhaisaha, Ps- Inderpuri, Dist- Rohtas
           4.    Sangam Yadav @ Monu Kumar son of Gauri yadav @ Gauri Shankar Singh
                 Resident Of village- Bhaisaha, Ps- Inderpuri, Dist- Rohtas
           5.    Sunil Yadav @ Sunil Kumar Son of Ghurfeli yadav Resident Of village-
                 Manikpur, Ps- Indrapuri, Dist- Rohtas
           6.    Munna Yadav @ Dharmendra yadav Son of Indradeo yadav Resident Of
                 village- Manikpur, Ps- Indrapuri, Dist- Rohtas
           7.    Rupesh Bhagat @ Rupesh Kumar son of Suresh Bhagat @ Suresh Yadav
                 Resident Of village- Manikpur, Ps- Indrapuri, Dist- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhaneshwar Prasad Gupta, Advocate
                 For the Opposite Party/s :       Mr.Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                          Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Indrapuri P.S. Case No. 131 of 2025 registered

                   for the offence under Sections 191(2), 190, 109, 118(1), 303(2),

                   351(2), 352 of the Bharatiya Nyaya Sanhita.

                                   3. As per the prosecution case, petitioners and
Patna High Court CR. MISC. No.89437 of 2025(2) dt.04-02-2026
                                            2/3




          other FIR named accused are alleged of assaulting the informant

          and even snatched Rs. 5500/- from the informant’s pocket

                          4. It has been submitted by the learned counsel for

          the petitioners that the petitioners are innocent and they have

          falsely been implicated in this case. It is next submitted that

          injury sustained by the informant is simple in nature. Petitioner

          nos. 2, 5, 6 and 7 have clean antecedent, petitioner nos. 3 and 4

          has got one criminal antecedent and petitioner no. 1 has four

          criminal antecedents.

                           5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioners.

                          6. Considering the aforesaid submissions and the

          fact that the injury sustained by the informant is simple in

          nature, this application is allowed.

                          7. Let the petitioners, above named, in the event of

          their arrest or surrender before the concerned Court below

          within four weeks from today, be released on bail on furnishing

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

          of the like amount each to the satisfaction of the learned J.M.-

          1st Class, Dehri on Sone, Rohtas/ concerned Court below in

          connection with Indrapuri P.S. Case No. 131 of 2025, subject to

          the conditions laid down in Section 438(2) of the Code of
              Patna High Court CR. MISC. No.89437 of 2025(2) dt.04-02-2026
                                                          3/3




                        Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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