Raj Narayan Yadav @ Raj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31288 of 2026 Arising Out of PS. Case No.-45 Year-2026 Thana- BIHIA District- Bhojpur ====================================================== Raj Narayan Yadav @ Raj Yadav S/o Umesh Kumar Yadav @ Umesh Yadav R/o Village - Pipra Jagdish, P.S - Bihiya, Dist. - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarendra Kumar, Advocate For the Opposite Party/s :
Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard Ms. Isha Anu, learned counsel for the petitioner and Mrs. Sangeeta Sharma, learned APP.
2. The petitioner is apprehending his arrest in connection with Bihiyan P.S. Case No. 45 of 2026 for the offence under sections 126(2), 115(2), 109(1), 352 and 3(5) of the BNS lodged on 16.02.2026.
3. As per the prosecution story, the informant alleged that in the evening, he was putting his iron rods near the home when this petitioner abused and prevented from unloading the same. Upon opposition, the allegation is that this petitioner gave 'dab' blow on the head causing injury and the wife also resorted to brick batting. This led to the FIR.
4. Learned counsel for the petitioner submits that a minor scuffle has been given a different colour, this petitioner
Patna High Court CR. MISC. No.31288 of 2026(2) dt.07-05-2026 2/3 has no criminal antecedent and as per the learned Sessions Judge order, the injury has been found to be simple in nature.
5. Learned APP opposes the prayer submitting that allegation of assault on the head is there.
6. Taking into account the submissions of the parties as also that the injury has been found to be simple in nature and do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Bhojpur at Ara in connection with Bihiyan P.S. Case No. 45 of 2026 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.31288 of 2026(2) dt.07-05-2026 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner 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;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. Before parting, this Court would like to put on record its word of appreciation for Ms. Isha Anu, learned counsel for the petitioner for proper assistance rendered in the matter.
(Rajiv Roy, J) Adnan/- U