Patna High Court
Meghanath Yadav @ Nilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Meghanath Yadav (Nilesh Kumar) sought anticipatory bail fearing arrest in a case registered as Bhanas P.S. Case No. 28 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that eight accused assaulted a victim, causing a simple injury to the informant’s husband, and implicated the petitioner. The petitioner contended that he was innocent and not the author of the injury, while the State opposed the bail application. The Court examined the facts and circumstances, finding no compelling reason to deny bail. Consequently, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 192, 303(2), 35192, 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- Rohtas
- assault
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90787 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- BHANAS District- Rohtas
======================================================
Meghanath Yadav @ Nilesh Kumar S/o- Yogendra Yadav @ Yogendra Singh
Village- Gopalpur PS- Bhanas Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad
For the Opposite Party/s : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bhanas P.S. Case No. 28 of 2025 registered for offences under
Sections 190, 191(2), 191(3), 192, 126(2), 115(2), 303(2), 109,
352, 35192) of the Bharatiya Nyaya Sanhita, 2023 and Section
27 of the Arms Act.
3. As per the prosecution case, eight accused persons
are said to have assaulted the victim but only one injury which
is simple in nature has been caused to the husband of the
informant.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is not the author of that
Patna High Court CR. MISC. No.90787 of 2025(2) dt.28-01-2026
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injury.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. 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 Judicial
Magistrate, 1st Class, Bikramganj, Rohtas/concerned Court
below in connection with Bhanas P.S. Case No. 28 of 2025
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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