Lal Mohan Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Lal Mohan Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of learned J.M.1st Class-cum-A.M.-VI, Bhagalpur, subject to the condition under Section 482(2) of the BNSS, with the further condition that one of the bailors shall be the petitioner's own/close family member.

Issue for consideration

Whether the petitioner, who apprehends arrest in Nathnagar P.S. Case No.103 of 2025 registered for offences punishable under Sections 126(2), 115(2), 109, 308(5), 351(2), 351(3) and 3(5) of the BNS, should be released on bail in the event of his arrest.

Court's answer

Having considered the submissions of the respective parties and taking into account the delay in lodging of the FIR, coupled with the allegation of assault qua the nature of injury, besides the fair antecedent of the petitioner, the Court directed that the petitioner be released on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned J.M.1st Class-cum-A.M.-VI, Bhagalpur, subject to the condition laid down under Section 482(2) of the BNSS and with the further condition that one of the bailors shall be the petitioner's own/close family member.

Detailed headnote1 paragraphs

Anticipatory bail granted - Patna High Court, Criminal Miscellaneous No.50224 of 2025, decided 19-11-2025 (Harish Kumar, J). Petitioner apprehending arrest in Nathnagar P.S. Case No.103 of 2025 (District Bhagalpur), registered for offences punishable under Sections 126(2), 115(2), 109, 308(5), 351(2), 351(3) and 3(5) of the BNS, wherein the prosecution alleges that he assaulted the informant over the head with an iron rod, a co-accused assaulted the informant with an axe, and the accused persons were involved in demanding extortion of Rs.3 lac. Counsel for the petitioner urged a two-day delay in lodging the FIR (occurrence 02.04.2025; FIR 05.04.2025) without explanation, that the nature of the head injury was not disclosed in the impugned order and appeared prima facie simple (no bony fracture), and the petitioner's fair antecedents. Considering the delay in lodging of the FIR, the allegation of assault qua the nature of injury, and the fair antecedent of the petitioner, the Court directed release on bail in the event of arrest or surrender before the learned Court below within four weeks, on a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of learned J.M.1st Class-cum-A.M.-VI, Bhagalpur, subject to the condition under Section 482(2) of the BNSS, with one bailor to be the petitioner's own/close family member.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50224 of 2025

Arising Out of PS. Case No.-103 Year-2025 Thana- NATHNAGAR District- Bhagalpur

======================================================

Lal Mohan Yadav S/o- Bishwnath Yadav, Village- Navtoliya PS-Nathnagar, Dist- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 19-11-2025

Heard learned Advocate for the petitioner and learned

APP for the State.

The petitioner apprehends his arrest in connection with Nathnagar P.S. Case No.103 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 308(5), 351(2), 351(3) and 3(5) of the BNS.

While the informant went to see his mango orchard, in the meanwhile, the petitioner and co-accused Pramod Yadav along with three unknown persons surrounded him. It is specifically alleged that this petitioner assaulted over the head of the informant by means of iron rod due to which he sustained serious injuries. Further, co-accused Pramod Rai assaulted the informant by means of axe which caused injury over his shoulder. It is further alleged that the accused persons were

Patna High Court CR. MISC. No.50224 of 2025(3) dt.19-11-2025 2/3

involved in demanding of extortion of Rs.3 lac.

Learned Advocate for the petitioner submitted that the alleged occurrence took place on 02.04.2025; however, the present FIR came to be instituted on 05.04.2025 after a delay of two days without there being any explanation of the delay. In fact, on account of some prior enmity relating to mango orchard, some scuffle took place which resulted into unfortunate injuries. The injury which is allegedly sustained over the head of the informant is concerned, though the same has been discussed in the impugned order but the nature of the injury has not been disclosed. However, prima facie, it appears that the no bony parenchymal lesion and bony fracture has been found, which suggest that the injuries are simple in nature. The petitioner bears fair antecedent and he undertakes that he willy fully cooperate in the proceedings of the Court.

On the other hand, learned Advocate for the State vehemently opposed the bail application.

Having considered the submissions advanced by the learned Advocate for the respective parties and considering the delay in lodging of the FIR, coupled with the allegation of assault qua the nature of injury, besides the fair antecedent of the petitioner, let the above named petitioner, be released on

Patna High Court CR. MISC. No.50224 of 2025(3) dt.19-11-2025 3/3

bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class-cum-A.M.-VI, Bhagalpur in connection with Nathnagar P.S. Case No.103 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

rohit/-

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