jay Prakash Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

jay Prakash Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of 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, subject to the condition under Section 482(2) B.N.S.S.

Issue for consideration

Whether the petitioner, who apprehends arrest for offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS in connection with Pirpainty P.S. Case No. 291 of 2025, should be released on anticipatory bail. +1 more

Court's answer

Taking into consideration the facts and circumstances of the case, the existence of a case and counter case, the petitioner's case being earlier in point of time, and the simple nature of the informant's injury, the petitioner is to be released on bail in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, subject to the condition under Section 482(2) B.N.S.S.

Ratio / Principle

The grant of anticipatory bail rests on the court's consideration that there is a case and counter case between the parties, the petitioner's case is earlier in point of time, and the injury of the informant is simple in nature.

Detailed headnote1 paragraphs

Patna High Court (Smt. Soni Shrivastava, J., oral order, 19-09-2025) in Criminal Miscellaneous No.66126 of 2025 allowed anticipatory bail to Jay Prakash Yadav, who apprehended arrest for offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS arising out of Pirpainty P.S. Case No. 291 of 2025 (District Bhagalpur). The FIR alleged that all accused, including the petitioner, came armed with lathi and danda and assaulted the informant and her husband, with a specific allegation of a blow by sharp cutting weapon against the petitioner. Granting bail despite opposition by the learned APP, the court took into account that a case and counter case existed between the parties (petitioner's counter case at Annexure-P/2), that the petitioner's case was earlier in point of time, and that the informant's injury was simple in nature (Annexure-P/3). The petitioner was directed to surrender or be bailed within four weeks on a bail bond of Rs. 10,000 with two sureties of the like amount each, subject to the condition under Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66126 of 2025

Arising Out of PS. Case No.-291 Year-2025 Thana- PIRPAINTI District- Bhagalpur

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Jay Prakash Yadav S/o Ganesh Yadav R/o Vill- Kujarbanna, P.S.- Pirpainty, Distt- Bhagalpur. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 19-09-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences punishable under Sections 126 (2), 115 (2), 109, 352, 351 (2) and 3 (5) of the BNS.

The allegation in the first information report is that all the accused persons including the petitioner came armed with lathi, danda and assaulted the informant and her husband.

Learned counsel for the petitioner submits that a bare perusal of the first information report itself would show that the dispute had taken place between the parties with regard to some money transaction between them. The allegation of assault, besides general and omnibus against all the accused persons, is specific against the petitioner that he had given a blow with sharp cutting weapon on the informant, but

Patna High Court CR. MISC. No.66126 of 2025(2) dt.19-09-2025 2/2

Annexure-P/3 would show that the injury is simple in nature. It has been submitted that there is case and counter case and the case filed on the side of the petitioner has also been annexed as Annexure-P/2. The injury suffered by three persons on the side of the petitioner has also been stated in para-9 of the petition.

Learned APP for the State opposed the prayer for anticipatory bail.

Taking into consideration the facts and circumstances of the case as also considering the fact that there is case and counter case between the parties coupled with the fact that the petitioner’s case is earlier in point of time and the injury of the informant is simple in nature, let the above named petitioner, be released on 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/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Pirpainty P.S. Case No.291 of 2025, subject to the condition as laid down under Section 482 (2) of the B.N.S.S.

(Soni Shrivastava, J) Trivedi/- U T