Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Sanjay Yadav, sought anticipatory bail fearing arrest in a case (Barabar Paryatan PS Case No. 76 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault. The prosecution alleged that the petitioner assaulted the victim, but the injury report submitted by the police indicated only simple injuries. The court examined the nature of the injuries and the circumstances of the case. Relying on Section 482(2) of the BNSS, the court allowed the anticipatory bail application, directing the petitioner to furnish bail bonds of Rs.10,000 with two sureties. The court also directed the police officers to be vigilant and to procure injury reports promptly, dispensing with their personal appearance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and the nature of injuries.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2), 74
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- assault
- injury report
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90567 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- BARABAR TOURIST District- Jehanabad
======================================================
Sanjay Yadav S/O Radhe Yadav R/O Vill.- Panchvai,P.S- Barabar Paryatan
(Vishunganj), Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad
For the Opposite Party/s : Mr. Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Barabar Paryatan P.S. Case No. 76 of 2025 registered for
offences under Sections 126(2), 115(2), 109(1), 74, 303(2), 352,
351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim.
4. Pursuant to the earlier order of this Court, the SHO
of Barabar Paryatan Police Station and the I.O. of the case have
appeared and submitted the injury report. Upon perusal of the
injury report, the injuries caused to the victim appear to be
simple in nature.
5. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.90567 of 2025(4) dt.27-02-2026
2/2
of the case, this application for anticipatory bail stands allowed.
6. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Barabar Paryatan P.S. Case No. 76 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. The SHO and the I.O. are directed to be vigilant in
the future and they should procure the injury report just after the
injury report is prepared. They should not wait for this Court to
call for them or to call the injury report.
8. The personal appearance of the officers is
dispensed with.
(Sandeep Kumar, J)
Shishir/-
U T
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