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Patna High Court

Raushan Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioners subject to bond, sureties and conditions under Section 482(2) of the B.N.S.

Summary

The petitioners, four residents of Umgaow village, sought anticipatory bail in connection with a FIR (Harlakhi P.S. Case No.238 of 2025) alleging offences under several sections of the B.N.S., including assault, robbery and attempt to murder. The prosecution alleged that on 20 August 2025 the petitioners assaulted an informant who was returning with Rs.1,20,000, causing minor injuries and stealing cash and a silver chain. The petitioners contended they were falsely implicated due to village politics, pointing out that the injury report showed only simple injuries inconsistent with the FIR’s narrative. The State opposed the bail, arguing that the petitioners were named accused and could not escape liability. The court, considering the simple nature of the injuries, lack of corroborative medical evidence, and the petitioners’ willingness to cooperate, granted anticipatory bail subject to a bond, sureties and conditions under Section 482(2) of the B.N.S., with a provision for cancellation if they fail to cooperate.

Issues considered

  • Whether anticipatory bail can be granted to persons named in the FIR for offences under the B.N.S.
  • Whether the nature of the injuries and lack of medical corroboration justify granting bail
  • Whether the petitioners are likely to cooperate with the investigation

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 190, 191(1), 303(2), 324(4), 329(3), 351(2), 352

Subjects

  • anticipatory bail
  • criminal procedure
  • B.N.S. sections
  • false implication
  • injury report
  • bail conditions
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9568 of 2026
                    Arising Out of PS. Case No.-238 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
           1.     Raushan Kumar Yadav Son of Vijay Yadav Resident of Village- Umgaow,
                  P.S.- Harlakhi, District- Madhubani
           2.    Abhash Yadav Son of Anand Yadav Resident of Village- Umgaow, P.S.-
                 Harlakhi, District- Madhubani
           3.    Nandan Yadav @ Abhinandan Yadav Son of Hari Narayan Yadav Resident
                 of Village- Umgaow, P.S.- Harlakhi, District- Madhubani
           4.    Pritam Kumar @ Pritam Kumar Mandal Son of Dinesh Mandal Resident of
                 Village- Umgaow, P.S.- Harlakhi, District- Madhubani



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gagan Deo Yadav, Advocate

                                                 Mr. Rajesh Kumar, Advocate

                                                 Mr. Ravi Prakash, Advocate

                 For the Opposite Party/s :      Mr. Nand Kishore Prasad, A.P.P.

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Harlakhi P.S. Case No. 238 of 2025 dated

                   20.08.2025 registered for the offences punishable under

                   Sections 191(1), 190, 126(2), 115(2), 109, 303(2), 352, 351(2),
Patna High Court CR. MISC. No.9568 of 2026(2) dt.26-02-2026
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          324(4) and 329(3) of the B.N.S.

                       3. As per prosecution case, on 20.08.2025 at about

          12:00 hours the informant was returning to his house carrying

          Rs. 1,20,000/- from the bank and when he reached near the

          house of Dinesh Thakur, the petitioners and others surrounded

          him, abused and assaulted him with intention to kill by means of

          lathi, iron rod and hockey sticks. It is alleged that petitioner no.

          1 Raushan Kumar Yadav caught hold of the informant by his

          neck, thrashed him and started pressing his neck, while the other

          accused persons assaulted him indiscriminately. It is further

          alleged that petitioner no.2 and other assaulted the informant on

          his head by means of hockey stick with intention to kill as a

          result of which he sustained head injury. It is also alleged that

          during the occurrence, petitioner nos. 3 and 4 along with others

          snatched Rs. 1,20,000/- and a silver chain from the informant.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence as

          alleged in the F.I.R. and they have falsely been implicated in

          this case due to village politics and previous enmity. He further

          submits that though there is allegation against seven F.I.R.

          named persons and the contents of the F.I.R. disclose that 5-6

          unknown persons were also engaged in assaulting and abusing
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          the informant, thus in total 12-13 persons are alleged to have

          assaulted him, but only two injuries were sustained by the

          informant and the injury report of the informant reflects that

          Injury No. 1 is whole body pain and Injury No. 2 is swelling in

          the parietal region of the head and all the injuries are simple in

          nature. He further submits that the allegations as made in the

          F.I.R. are completely falsified by the injury report annexed as

          Annexure-2 to the bail petition. It has been specifically

          submitted that the very prosecution story as narrated in the

          F.I.R. describes the incident in three different phases. In the first

          phase, seven named persons along with 5-6 unknown persons

          are alleged to have surrounded and assaulted the informant. In

          the second phase, specific allegation has been made against

          petitioner no. 1, who is alleged to have caught hold of the

          informant by his neck, thrashed him and started pressing his

          neck. In the third phase, allegation has been made against

          petitioner no. 2 and others that they assaulted the informant on

          his head by means of hockey stick, and lastly, petitioner nos. 3

          and 4 along with others are alleged to have taken away Rs.

          1,20,000/- and a silver chain weighing four bhars. It is

          submitted that the detailed narration in the prosecution story is

          merely an exaggeration of facts and does not tally with the
Patna High Court CR. MISC. No.9568 of 2026(2) dt.26-02-2026
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          injury report. In this way, the allegations made against the

          petitioners have no consonance with the injury report and the

          petitioners have been falsely implicated in the present case

          without any corroboration from the medical evidence. Learned

          counsel orally submits that petitioners will not abscond rather

          will cooperate in the investigation to prove their innocence.

          Petitioner nos. 1 and 2 bear no criminal antecedent whereas

          petitioner petitioner nos. 3 and 4 bear one criminal antecedent

          each in which they are already on bail. In the light of the

          aforesaid facts and circumstances of the case, no offence as

          alleged in the FIR is made out against the petitioners.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioners by submitting that the

          petitioners are F.I.R. named accused persons and hence, they

          cannot escape from the allegation made in the F.I.R.

                       6. Considering the facts and circumstances of the

          case, the injury being simple in nature, argument advanced on

          behalf of both sides and also taking into consideration the

          material available on record, the petitioners above-named, in the

          event of their arrest or surrender before the learned court below

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees
            Patna High Court CR. MISC. No.9568 of 2026(2) dt.26-02-2026
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                      ten thousand) each with two sureties of the like amount each to

                      the satisfaction of learned Judicial Magistrate, 1st Class,

                      Madhubani in connection with Harlakhi P.S. Case No. 238 of

                      2025, subject to the conditions as laid down under Section

                      482(2) of the B.N.S.S.

                                   7. The application stands allowed.

                                   8. However, it is made clear that if the investigating

                      Officer of the case files an application before the learned trial

                      court bringing to its notice that petitioners despite giving

                      assurance to this Court are not co-operating in the investigation,

                      in that event, the learned trial court shall be at liberty to cancel

                      the bail bonds of the petitioners.

                                   9. It is clarified that any observation made by this

                      court while considering the bail application of the petitioners

                      shall have no bearing over the merits of the case.



                                              (Alok Kumar Pandey, J)
Nilmani/-

U      T


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