Patna High Court
Raushan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
2/5
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
Patna High Court CR. MISC. No.9568 of 2026(2) dt.26-02-2026
3/5
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
4/5
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
5/5
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
Checking your session…