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Patna High Court

Shri Kant Yadav @ Shri Kant Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.

Summary

The petitioners, four Yadav brothers, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 110, 352 and 3(5) of the Bharatiya Nyaya Sanhita. The FIR alleged that they threw garbage, leading to a dispute during which the informant’s husband was allegedly assaulted with a garasa causing a simple head injury, and the informant’s family members were also assaulted. The petitioners contended they have clean antecedents, were falsely implicated, and that a separate case had been filed against the informant. The State opposed the bail but could not refute the claim that the injury was simple and the assault not repeated. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita.
  • Whether the allegations in the FIR constitute a serious offence warranting denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9428 of 2026
                     Arising Out of PS. Case No.-200 Year-2025 Thana- GORADIH District- Bhagalpur
                 ======================================================
           1.     Shri Kant Yadav @ Shri Kant Kumar Yadav S/o- Late Deep Narayan Yadav
                  Resident of Village- Sonudih Gangti PS- Goradih District-Bhagalpur
           2.    Jai Kant Yadav @ Jai Kant Prasad Yadav S/o- Late Deep Narayan Yadav
                 Resident of Village- Sonudih Gangti PS- Goradih District-Bhagalpur
           3.    Laloo Yadav @ Prem Anand @ Laloo S/o- Brahamdev Yadav Resident of
                 Village- Sonudih Gangti PS- Goradih District-Bhagalpur
           4.    Nitish Kumar S/o- Umesh Yadav Resident of Village- Sonudih Gangti PS-
                 Goradih District-Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Fazle Karim
                 For the Opposite Party/s :       Mr.Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 110, 352 and 3(5) of the Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are persons with clean antecedent and the informant

                   alleges that on 28-7-2025 at 6:30 pm, Shrikant threw garbage in

                   front of his house, on objection, the accused persons abused and

                   Srikant assaulted his husband by Garasa causing injury on head
Patna High Court CR. MISC. No.9428 of 2026(2) dt.26-03-2026
                                            2/3




          and he became unconscious, further accused persons assaulted

          her and her mother-in-law.

                   4.     Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that on

          account of a trivial dispute, the occurrence is alleged to have

          taken place. It is further submitted that from the side of the

          petitioners, Goradih PS Case No. 201 of 2025 has been

          instituted against the informant and her side. It is next submitted

          that no doubt Shrikant is alleged to have assaulted the husband

          of the informant by Garasa, but then the blow is not alleged to

          have been repeated and the injury has been opined to be simple

          in nature. It is also submitted that petitioners are not criminals.

                   5.     Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioners, but then are not in a position

          to rebut the submission of the learned counsel appearing on

          behalf of the petitioners that the blow was not repeated and the

          injury has been opined to be simple in nature.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the
              Patna High Court CR. MISC. No.9428 of 2026(2) dt.26-03-2026
                                                          3/3




                        event of their arrest or surrender within a period of six weeks

                        from today, be released on anticipatory bail on furnishing bail

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

                        sureties of the like amount each to the satisfaction of the learned

                        trial court where the case is pending/successor court in

                        connection with Goradih P.S. Case No. 200 of 2025, subject to

                        the conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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