Patna High Court
Chhabila Yadav @ Chvi Lal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 127(2), 190, 191(2), 324(4), 329(4), 351(2), 352, 482(2)
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
2/3
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
3/3
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
Checking your session…