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Patna High Court

Nitish Kumar Yadav @ Nitish Kumar @ Nitish YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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