Patna High Court
Mukhiya YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS Act.
Summary
The petitioners, five individuals from Puraina village, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 329(3), 118(1), 109, 117(2), 352 and 3(5) of the Bihar Negotiable (BNS) Act. They argued they have clean records and were falsely implicated by the informant, pointing out inconsistencies such as the alleged sword assault being against a person not named in the petition, lack of neck injury despite a claim, and that the injuries described were minor. The State opposed the bail, contending the seriousness of the offences. The court, after considering the submissions, ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the Bihar Negotiable and Securitisation (BNSS) Act. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious offences alleged in the FIR
- Whether the inconsistencies in the FIR and the petitioners' clean antecedents justify bail
- Whether the petitioners pose a risk of absconding, tampering with evidence, or influencing witnesses
Subjects
- anticipatory bail
- false implication
- assault
- Section 482
- Bihar criminal law
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9118 of 2026
Arising Out of PS. Case No.-820 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
1. Mukhiya Yadav S/o Mangal Yadav R/o Village - Puraina, P.S - Siwan
Muffasil, District - Siwan
2. Arjun Yadav S/o Umesh Yadav R/o Village - Puraina, P.S - Siwan Muffasil,
District - Siwan
3. Ranjan Yadav @ Indal Yadav S/o Mukhiya Yadav R/o Village - Puraina, P.S
- Siwan Muffasil, District - Siwan
4. Rajan Yadav @ Rajan Kumar S/o Panchdev Yadav R/o Village - Puraina, P.S
- Siwan Muffasil, District - Siwan
5. Nitesh Yadav S/o Umesh Yadav R/o Village - Puraina, P.S - Siwan Muffasil,
District - Siwan
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
329(3), 118(1), 109, 117(2), 352 and 3(5) of BNS.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that the accused persons including the petitioners came
and on orders of Mukhiya Yadav, accused Amit assaulted by
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sword causing injury on head thereafter, Indal assaulted him by
knife causing injury on neck and Nitesh assaulted by a rod
causing fracture of finger while Arjun and Rajan tried to
strangulate him.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant, it is next submitted that specific allegation of
assaulting the informant by sword is against Amit but then Amit
is not a petitioner in the instant case. It is further submitted that
Indal is alleged to have assaulted the informant by knife causing
injury on neck but then from perusal of the injury as recorded in
the order impugned it would manifest that the injuries have been
opined to be simple in nature except one caused by hard and
blunt substance. It is also submitted that no injury is found on
the neck of the informant. It is next submitted that Nitesh is
alleged to have assaulted the informant by rod causing fracture
of finger and the said injury has been opined to be grievous but
then the same is on non-vital part of the body. It is also
submitted that petitioners are not criminals. It is next submitted
that on a trivial issue, the occurrence is alleged to have taken
place as informant in the FIR itself alleges that Indal was
driving motorcycle rashly, as such, an accident was averted
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which led to an altercation with Mukhiya Yadav.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6.Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory 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 the learned
trial court where the case is pending/successor court in
connection with Siwan Muffasil P.S. Case No. 820 of 2025
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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