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Patna High Court

Krishna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.9357 of 2026(2) dt.12-03-2026
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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
Patna High Court CR. MISC. No.9357 of 2026(2) dt.12-03-2026
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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)
            Patna High Court CR. MISC. No.9357 of 2026(2) dt.12-03-2026
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                              of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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