Binay Yadav @ Binay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28426 of 2026 Arising Out of PS. Case No.-178 Year-2025 Thana- KADAMKUAN District- Patna ====================================================== Binay Yadav @ Binay Kumar Yadav S/o Late Ramprit Yadav Resident of Mohalla- Kazipur Naya tola, Gali of M.B.D. Building, PS.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Surendra Kumar Mishra, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 190, 191(2), 126(1), 115(1), 118(2), 109(1), 351(1) and 352 of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on account of dispute with regard to pathway, all the F.I.R. named accused persons, including this petitioner, assaulted informant and his family members by means of lathi, danda and iron rod.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.28426 of 2026(2) dt.11-05-2026 2/3 Allegation of assault is general and omnibus and there is no specific allegation of overt act against this petitioner. Injuries sustained by the injured are simple in nature. It is further submitted that similarly situated co-accused persons have already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 03.09.2025 passed in Cr. Misc. No. 59515 of 2025. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity, nature of injuries allegedly caused by this petitioner and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, F.C. XIV, Patna in connection with Kadamkuan P. S. Case No. 178 of 2025, subject to condition as laid down under Section 482(2) of

Patna High Court CR. MISC. No.28426 of 2026(2) dt.11-05-2026 3/3 the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) shashank/- U T