Prince Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Prince Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Bail granted in anticipation of arrest: petitioner Prince Yadav to be released on bail, in the event of his arrest or surrender before the learned Court below within six weeks from 01-04-2026, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj/Successor Court, in connection with Kuchaikote P.S. Case No.278 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS and the four additional conditions (i)-(iv) enumerated by the Court.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Kuchaikote P.S. Case No.278 of 2025 (registered under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 117(1), 3(5) of the Bharatiya Nyaya Sanhita), should be released on bail before arrest/surrender.

Court's answer

The Court took into account that no specific allegation of assault is attributed to the petitioner, and on that basis decided to release the petitioner on bail in the pending case.

Ratio / Principle

The petitioner is to be released on bail, in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj/Successor Court, in connection with Kuchaikote P.S. Case No.278 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS and four additional conditions: (i) one bailor to be a family member/relative/known person providing an official document or personal affidavit showing bona fide; (ii) appearance on each and every trial date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; (iii) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State shall be at liberty to seek cancellation; (iv) desistance from committing any criminal offence again, failing which the State shall be at liberty to seek cancellation of the bail bonds.

Detailed headnote1 paragraphs

PRE-ARREST BAIL GRANTED — Patna High Court (Cr. Misc. No.11395 of 2026, oral order dated 01-04-2026, Hon'ble Mr. Justice Ajit Kumar) allowed bail to petitioner Prince Yadav (s/o Basudeo Yadav, Village Sasamusa, P.S. Kuchaikote, District Gopalganj), who apprehended arrest in Kuchaikote P.S. Case No.278 of 2025 dated 29.06.2025, registered under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 117(1), 3(5) of the Bharatiya Nyaya Sanhita. Per the FIR, accused persons surrounded the informant and his brother, abused them and attacked them with knives and belts, both sustaining injuries including serious knife wounds. Counsel argued that though the petitioner was allegedly carrying a knife, no injury was caused to the informant and no assault on the informant's brother was attributed to him; the injuries were said to have been suffered by Sandeep Ram and Satyam Ram, with none attributed to the petitioner; the petitioner had one criminal antecedent in which he was already on bail. The Court, taking into account that no specific allegation of assault was attributed to the petitioner, directed release on bail in the event of arrest or surrender within six weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, before the learned Chief Judicial Magistrate, Gopalganj/Successor Court, subject to Section 482(2) BNSS and four additional conditions (bona fide family member/relative/known bailor with official document or affidavit; appearance on every trial date with cancellation on two consecutive unexplained absences; no inducement/promise/threat to witnesses or tampering with evidence; desistance from further offences).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11395 of 2026

Arising Out of PS. Case No.-278 Year-2025 Thana- KUCHAIKOTE District- Gopalganj

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

Prince Yadav Son of Basudeo Yadav Resident of Village - Sasamusa, P.S.Kuchaikote, District - Gopalganj, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Narendra Kumar Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

ORAL ORDER

3 01-04-2026

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

The petitioner apprehends his arrest in connection with Kuchaikote P.S. Case No.278 of 2025, dated 29.06.2025, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 117(1), 3(5) of the Bharatiya Nyaya Sanhita.

As per the FIR, the accused persons surrounded the informant and his brother, abused them, and attacked them with knives and belts. Both the informant and his brother sustained injuries, including serious knife wounds. On raising alarm, the accused fled. The informant also stated that such incidents had occurred earlier, affecting students’ studies.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.11395 of 2026(3) dt.01-04-2026 2/3

the petitioner is innocent and has been falsely implicated in this case. It is further submitted that though the petitioner was allegedly carrying a knife, no injury has been caused to the informant, nor has any act of assault upon his brother been attributed to the petitioner. It is submitted that specific allegations of assault, on account of which injuries are said to have been caused to Sandeep Ram and Satyam Ram; however, none of the said injuries have been attributed to the petitioner. Lastly, it is submitted that the petitioner has one criminal antecedent, in which he is already on bail.

On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.

Taking into account that no specific allegation of assault is attributed to the petitioner, 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 six 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 Chief Judicial Magistrate, Gopalganj/Successor Court in connection with Kuchaikote P.S. Case No.278 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following

Patna High Court CR. MISC. No.11395 of 2026(3) dt.01-04-2026 3/3

conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

(Ajit Kumar, J)

shikha/-

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