Patna High Court
Nitish Kumar Yadav @ Nitish Kumar @ Nitish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail must be granted to the petitioners under Section 482(2) of the BNSS.
Summary
The petitioners, Nitish Kumar Yadav and Rambhajjo Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 74, 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting an informant with a rod. The prosecution opposed the bail, asserting the seriousness of the offences. The petitioners contended they were innocent and that the alleged assault caused only simple injuries. The court examined the facts, the nature of the alleged offences, and the scope of Section 482(2) of the BNSS, which empowers the High Court to intervene to prevent abuse of the criminal process. Finding no substantial ground to deny bail and considering the petitioners' cooperation, the court allowed the anticipatory bail application, directing them to furnish bail bonds of Rs.10,000 with two sureties each, subject to conditions under Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023.
- Whether Section 482(2) of the BNSS permits the High Court to grant anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90888 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- BELHAR District- Banka
======================================================
1. Nitish Kumar Yadav @ Nitish Kumar @ Nitish Yadav S/O Rambhajo Yadav
R/O Village- Khutahari, P.O- Rajpur, P.S- Belhar, Distt.- Banka.
2. Rambhajjo Yadav S/O Late Chhabbu Yadav R/O Village- Khutahari, P.O-
Rajpur, P.S- Belhar, Distt.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Belhar P.S. Case No. 261 of 2025 registered for offences under
Sections 126(2), 115(2), 74, 109, 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of assaulting the informant.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that the petitioner no. 2 is the order
giver aged about 75 years and the petitioner no. 1 is said to have
Patna High Court CR. MISC. No.90888 of 2025(2) dt.28-01-2026
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assaulted the informant with a rod causing simple injuries.
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 is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Banka/concerned court below in
connection with Belhar P.S. Case No. 261 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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