Patna High Court

Manish YadavversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: HARISH KUMAR

Holding

Bail is to be granted subject to the conditions specified under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

Manish Yadav was arrested in connection with an assault case (PS Case No. 16 of 2025) involving alleged attack on an informant resulting in a head injury. The petitioner applied for bail, arguing that the FIR was lodged with an unexplained delay, the injury was simple, and he has a fair antecedent. The State opposed bail, emphasizing the assault and injury. The Court considered the delay in filing the FIR, the nature of the injury, and the petitioner's clean record, and applied Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. It ordered bail on condition of a Rs.10,000 bond, two sureties, and that one bailor be a close family member, to be surrendered within four weeks of arrest or surrender.

Issues considered

Whether bail should be granted despite the delay in lodging the FIR
Whether the nature of the injury and the petitioner's antecedent justify bail
Whether Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, permits bail in this case

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 118(1), 126(2), 303(2), 329(4), 3(5), 351(2), 352, 482(2), 74

Subjects

bail
delay in FIR
assault
simple injury
fair antecedent
criminal procedure
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91236 of 2025
                      Arising Out of PS. Case No.-16 Year-2025 Thana- CHANAN District- Lakhisarai
                 ======================================================
                 Manish Yadav S/O Ramji Yadav R/O Village- Bhandar, P.O.- Sangrampur,
                 P.S.- Chanan, District- Lakhisarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailesh Anand
                 For the Opposite Party/s :       Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Chanan P.S. Case No. 16 of 2025, registered for the

                   offences punishable under Sections                 126(2), 115(2), 118(1),

                   352, 351(2), 329(4), 303(2), 74 and 3(5) of the BNS.

                                3. While the informant was in her house, in the

                   meanwhile, the petitioner along with others barged into her

                   house and started abusing and assaulting. It is specifically

                   alleged that this petitioner has assaulted the informant by means

                   of tangi due to which the informant has sustained serious injury

                   over her head, besides there is further allegation against other

                   accused persons of causing assault and snatching of valuables.

                                4. Learned Advocate for the petitioner taking this

                   Court through FIR contended that the alleged occurrence took
Patna High Court CR. MISC. No.91236 of 2025(2) dt.15-01-2026
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          place in the evening of 24.01.2025 but surprisingly the present

          FIR came to be instituted on 07.02.2025 and no proper

          explanation for delay has been given. Though the injury has

          been found to be simple in nature but the same is fabricated one

          as it bears the date of occurrence 25.01.2025. The petitioner

          bears fair antecedent and               he undertakes that he will fully

          cooperate in the proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner has specifically assaulted the informant due to which

          she sustained head injury.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of unexplained delay in lodging of the FIR, besides the simple

          nature of injury and the fair antecedent of the petitioner, let the

          petitioner abovenamed be released on bail, in the event of his

          arrest or surrender before the court below within a period of four

          weeks from the date of receipt/production of a copy of this

          order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned       ACJM 1st Lakhisarai or his successor court in

          connection with Chanan P.S. Case No. 16 of 2025 , subject to
           Patna High Court CR. MISC. No.91236 of 2025(2) dt.15-01-2026
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                     the conditions laid down in Section 482(2) of the Bharatiya

                     Nagrik Suraksha Sanhita, 2023, with the further condition that

                     one of the bailors shall be the own/close family members of the

                     petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T

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