Vivek Yadav @ Vivek Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2483 of 2026 Arising Out of PS. Case No.-425 Year-2025 Thana- BIHIA District- Bhojpur ====================================================== Vivek Yadav @ Vivek Kumar Yadav S/o Bijay Yadav @ Vijay Yadav R/o Village - Belauna, P.S. - Bihiya, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr. Bhanu Pratap Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-02-2026 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Bihiya P.S. Case No. 425 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 303(2), 74, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly on the fateful day while the informant was sitting at his door, in the meanwhile, the petitioner alongwith other co-accused persons armed with various weapons came there and started abusing and assaulting. It is specifically alleged that this petitioner made exhortation and thereupon assaulted the informant by means of iron rod over his
Patna High Court CR. MISC. No.2483 of 2026(2) dt.04-02-2026 2/3 head, due to which he sustained serious injuries. When the wife of the informant came to his rescue, she was also assaulted by other accused persons. There is further allegation of snatching of valuables.
4. Learned Advocate appearing on behalf of the petitioner submitted that the parties are next door neighbour and, in fact, they are bickering over some land dispute, due to which a scuffle took place, in which some unfortunate injuries has sustained to the informant and his wife. Moreover, the injuries which are allegedly sustained to the informant and his wife are concerned, the same are simple in nature. To support the aforesaid contention, the injury report of the informant and his wife have been placed on record as Annexure 2 series to the bail application. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the genesis of the occurrence coupled with the simple nature of injury, besides the fair antecedent of the petitioner, let the
Patna High Court CR. MISC. No.2483 of 2026(2) dt.04-02-2026 3/3 petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur in connection with Bihiya P.S. Case No. 425 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) supratim/- U T