Patna High Court
Krishna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, Krishna Yadav, subject to bail bond and conditions.
Summary
The petitioner, Krishna Yadav, was implicated in a police case alleging assault on an informant and her family with weapons, leading to charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated due to a prior family dispute and that the alleged injuries were either minor or non‑existent, especially noting that the informant sustained no injury. The court noted that two co‑accused had already been granted anticipatory bail by a coordinate bench and that the injuries, where present, were simple in nature. Considering the lack of serious injury, the familial dispute, and the precedent of bail to co‑accused, the court was inclined to extend the same relief to the petitioner. Consequently, the application for anticipatory bail was allowed, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether the alleged injuries and the nature of the alleged assault justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 127(1), 190, 191(2), 191(3), 303(2), 76
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- assault
- injury
- family dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9357 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- CHAKAND District- Gaya
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Krishna Yadav S/O Bhuneshwar Yadav R/O Village- Koshma Tola, Mishri
Bigha, P.O.- Lakshmipur, P.S- Chakand, Distt.- Gaya- 804404, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Janak Devi W/O Satendra Yadav R/O Village- Koshma Tola, Mishri Bigha,
P.O.- Lakshmipur, P.S- Chakand, Distt.- Gaya- 804404, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Alka Verma
Ms. Aanchal
Mr.Saurabh Bishwambhar
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Chakand Police Station Case No. 231 of 2025, dated
06.08.2025, disclosing offences punishable under
Sections 191 (2)/191(3)/190/127(1)/115(2)/117(2)/118(1)/
109/76/303(2) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 28.07.2025, at about 8 PM, the informant, along
with her daughter-in-law was going to attend nature’s call
and no sooner than they reached near the house of Kamta
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Yadav, the petitioner and other accused persons
intercepted them, having iron rods, garasa, khanti, pistol,
lathi, danda etc. in their hands. It has further been alleged
that the accused persons started misbehaving and
assaulting the informant and her daughter-in-law and the
petitioner assaulted the informant with iron rod and butt
of the pistol. The husband and son of the informant also
sustained injuries due to the assault made by the accused
persons.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case on
account of the fact that both the parties are agnates,
having previous dispute. Two of the co-accused, namely,
Kunti Devi and Raj Kishore Yadav, have been granted
anticipatory bail by a co-ordinate Bench of this Court,
vide order, dated 25.02.2026, passed in Criminal Misc.
No. 9090 of 2026. Referring to the impugned order,
learned Counsel submits that the injuries of three persons
have been discussed, which are simple in nature and the
injury allegedly sustained by the informant, Janak Devi,
has not been discussed in the impugned order. As per the
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allegation, the petitioner has allegedly assaulted the
informant Janak Devi. The informant has not sustained
any injury, as such, the same was not discussed in the
impugned order.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both the parties are agnates having previous dispute, the
injury sustained by the victims are simple in nature, from
perusal of the impugned order, it appears that the
informant has not sustained any injury and two of the co-
accused persons have been granted anticipatory bail by a
co-ordinate Bench of this Court, I am inclined to grant the
petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Additional Sessions Judge-XII, Gaya Ji, in connection
with Chakand Police Station Case No. 231 of 2025,
subject to the condition laid down under Section 482 (2)
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of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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