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Patna High Court

Guddu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bail bonds and sureties, exercising its power under Section 482 of the B.N.S.S., 2023.

Summary

The petitioners, a group of villagers from HorilBagicha, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Statutes (B.N.S., 2023) for alleged assault during Holi. The FIR alleged that they attacked an informant and her family with iron rods, lathi, and danda, causing simple injuries. The State opposed the bail application, contending the seriousness of the offences. The Court examined the nature of the injuries, the possibility of surrender within eight weeks, and the discretion under Section 482 of the B.N.S.S., 2023. It ordered that the petitioners be released on bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to the conditions stipulated. The decision reflects the Court’s balancing of the right to liberty against the alleged criminal conduct.

Issues considered

  • Whether anticipatory bail can be granted in a case involving multiple offences under the B.N.S., 2023
  • Whether the Court can exercise its inherent powers under Section 482 of the B.N.S.S., 2023 to grant bail

Subjects

  • anticipatory bail
  • Section 482
  • inherent powers of court
  • criminal procedure
  • assault
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91748 of 2025
                       Arising Out of PS. Case No.-147 Year-2025 Thana- GHOSI District- Jehanabad
                 ======================================================
           1.     Guddu Yadav Son of Late Sadhu Yadav R/o Village - HorilBagicha, P.S. -
                  Ghoshi, Dist. - Jehanabad.
           2.    Rajmani Devi Wife of Kaushlendra Yadav R/o Village - HorilBagicha, P.S. -
                 Ghoshi, Dist. - Jehanabad.
           3.    Ram Jaypal Yadav Son of Late Sukhdeo Yadav R/o Village - HorilBagicha,
                 P.S. - Ghoshi, Dist. - Jehanabad.
           4.    Kaushlendra Yadav Son of Late Doman Yadav R/o Village - HorilBagicha,
                 P.S. - Ghoshi, Dist. - Jehanabad.
           5.    Reeta Devi Wife of Guddu Yadav R/o Village - HorilBagicha, P.S. - Ghoshi,
                 Dist. - Jehanabad.
           6.     Raushan Kumar Son Ram Jaypal Yadav R/o Village - HorilBagicha, P.S. -
                  Ghoshi, Dist. - Jehanabad.
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar, Adv.
                 For the Opposite Party/s :       Mr. Pramod Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                     Heard learned counsel for the petitioners and Mr.

                   P.K.Pandey, learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections191(2), 190, 329(3),

                   126(2), 115(2), 118(1), 109, 303, 352 of the B.N.S., 2023.

                                3. As per F.I.R., on the occasion of Holi, these

                   petitioners are alleged to have attacked the informant and her

                   family members by means of iron rod, Lathi and Danda.

                   Injuries, sustained by injured, are simple in nature. Case and

                   counter case.
           Patna High Court CR. MISC. No.91748 of 2025(2) dt.20-01-2026
                                                       2/2




                                  4. Learned A.P.P. for the State has opposed the prayer

                     for anticipatory bail.

                                  5. Considering the nature of injury, in the event of

                     arrest/surrender within a period of eight weeks from today, let

                     the above named petitioners be enlarged on bail on furnishing

                     bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties

                     of the like amount each to the satisfaction of learned Chief

                     Judicial Magistrate, Jehanabad in connection with Ghoshi P.S.

                     Case No. 147 of 2025, subject to condition as laid down under

                     Section 482 of the B.N.S.S., 2023.



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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