Patna High Court
Shri Kant Yadav @ Shri Kant Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 3(5), 352, 482(2)
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
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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
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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/-
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