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Patna High Court

Chhabila Yadav @ Chvi Lal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioners, members of the Yadav family, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on an informant’s house. The FIR alleged that the petitioners, along with 40‑50 unknown armed persons, threw stones and bricks, abused the informant, and assaulted his sons. The petitioners contended that the allegations of assault were general, the injuries were simple, and the remaining charges were ornamental, emphasizing their clean antecedent. The State opposed the bail application. Considering the nature of the injuries, the petitioners’ clean antecedent, and other circumstances, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita for the offences alleged in the FIR.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • public order
  • clean antecedent
  • Section 482
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90196 of 2025
                  Arising Out of PS. Case No.-131 Year-2025 Thana- MEDNI CHAUKI District- Lakhisarai
               ======================================================
           1 . Chhabila Yadav @ Chvi Lal Yadav S/o- Ramdeo Yadav Village- Hussaini

                 PS- Medi Chowki, Dist- Lakhisarai
           2.    Rohit Yadav @ Rohit Kumar S/o- Chhabila Yadav Village- Hussaini PS-

                 Medi Chowki, Dist- Lakhisarai
           3.    Karu Yadav @ Sohit Kumar S/o- Chhabila Yadav Village- Hussaini PS-

                 Medi Chowki, Dist- Lakhisarai
           4.    Pankaj Yadav S/o- Chhabila Yadav Village- Hussaini PS- Medi Chowki,

                 Dist- Lakhisarai
           5.    Ankit Yadav @ Ankit Kumar S/o- Chhabila Yadav Village- Hussaini PS-

                 Medi Chowki, Dist- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s       :     Mr. Rabi Bhushan, Advocate

                 For the Opposite Party/s :       Mr. Parmanand Kumar , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   17-02-2026                          Heard learned counsel for the petitioners and the

                   State .

                                 2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 191 ( 2 ),

                   190, 126 ( 2 ), 127 ( 2 ), 115 ( 2 ), 109 (1) , 329 ( 4 ), 324 ( 4 ),

                   352 and 351 ( 2 ) of BNS.
Patna High Court CR. MISC. No.90196 of 2025(3) dt.17-02-2026
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                       3 . As per F.I.R., on 14.09.2025 at about 07:11 Pm,

          all the accused persons including these petitioners and 40- 50

          unknown persons, armed variously, came at the house of

          informant and threw stones and bricks and also abused

          informant and others. It is further alleged that accused persons

          assaulted both the sons of informant and damaged household

          articles and when police arrived accused persons fled away from

          the spot.

                       4. It is submitted on behalf of the petitioners that

          allegation of assault is general and omnibus against these

          petitioners. Injuries caused by these petitioners are simple in

          nature . Rest of the allegations are ornamental in nature to make

          the case grave . Petitioners claim clean antecedent.

                       5 . Learned counsel for the State oppose the bail

          petition .

                       6 Considering the nature of injury , clean antecedent

          of these petitioners and other circumstances of the case , in the

          event of arrest or surrender within eight weeks from today, let

          the petitioners, as named above, be enlarged 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, Lakhisarai in connection with Mednichowki P.S.
            Patna High Court CR. MISC. No.90196 of 2025(3) dt.17-02-2026
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                      Case No. 131 of 2025 ,             subject to the conditions laid down

                      under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha

                      Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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