Patna High Court
Kari Yadav @ Shiv Kumar Yadav @ Kati YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Kari Yadav, sought pre‑arrest bail in connection with PS‑Manigachhi Case No. 66 of 2025, which alleged assault on the informant’s brother using a brick and other related offences under the Bharatiya Nagrik Suraksha Sanhita, 2023. The petitioner argued that the FIR was lodged late, that there was a prior dispute and a counter‑case (Case No. 62 of 2025) indicating reciprocal injuries, and that the injuries to the complainants were simple. The State opposed bail, contending that the petitioner actively participated in the assault and that the victims sustained serious injuries. The Court examined the factual matrix, noting the simple nature of the injuries, the petitioner’s fair antecedents, and the existence of a counter‑case, and found no compelling reason to deny bail. Accordingly, the Court granted pre‑arrest bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023. The order directed the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offences and the nature of injuries.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 127(2), 3(5), 352, 482(2)
Subjects
- pre‑arrest bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- assault
- simple injuries
- false implication
- prior dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91340 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
Kari Yadav @ Shiv Kumar Yadav @ Kati Yadav S/O Ramavtar Yadav
Resident of Village- Indrathar, P.S. Manigachhi, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Adv.
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Manigachhi P.S. Case No. 66 of 2025, registered for the
offences punishable under Sections 126(2), 127(2), 115(2),
109(1), 352 and 3(5) of the B.N.S., 2023.
3. The allegation against the petitioner is of causing
assault to the brother of the informant by means of brick, while
he was going along with the informant on a motorcycle. There is
further allegation against other accused persons of causing
assault to the informant and his brother.
4. Learned Advocate for the petitioner submitted that
the occurrence took place in the evening of 06.05.2025 and for
the first time, the fardbeyan of the informant was recorded on
Patna High Court CR. MISC. No.91340 of 2025(2) dt.28-01-2026
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08.05.2025 and the present FIR came to be instituted on
10.05.2025 and, as such, the exaggeration and false implication
of the petitioner cannot be ruled out, since there was a previous
dispute between the parties. There is a counter version of the
present case being Manigachhi P.S. Case No. 62 of 2025, which
has been instituted on 07.05.2025, admittedly earlier on the
point of time. In the said incidence, the persons of the
petitioner’s side have also sustained serious injuries at the hands
of the informant and others. The injuries, which are allegedly
sustained to the informant and his brother are concerned, the
same have been found to be simple in nature. To support the
aforesaid contention, specific averment has been made in
paragraph no. 13 of the bail application. The petitioner is a man
of fair antecedent and he undertakes that he will fully co-operate
in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that because
of active participation of the petitioner along with others, the
informant and his brother have sustained serious injuries.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the factum of case and counter case, coupled with the simple
Patna High Court CR. MISC. No.91340 of 2025(2) dt.28-01-2026
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nature of injuries, besides the fair antecedent of the petitioner,
let the petitioner above named 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 A.C.J.M. VI, Darbhanga in
connection with Manigachhi P.S. Case No. 66 of 2025, subject
to 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)
shivank/-
U T
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