Patna High Court
Shiv Bachan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner as the allegations were general, he had no prior record, and parity with a co‑accused who had been released on bail.
Summary
The petitioner, Shiv Bachan Yadav, was arrested in connection with a violent incident in which the informant’s family was assaulted and the informant’s father later died. The FIR alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault, grievous hurt and robbery. The petitioner contended that he was falsely implicated due to a long‑standing land dispute, that the allegations were general and omnibus, and that he had no prior criminal record; he also pointed to a similar bail order granted to a co‑accused. The State and the informant opposed bail, emphasizing the seriousness of the offences. Considering the lack of specific incriminating acts against the petitioner, his clean antecedents, the parity with the co‑accused, and the nature of the dispute, the Court allowed the bail application, directing the petitioner to furnish a bail bond and sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023
- Whether the general and omnibus nature of the accusations and the existence of a land‑dispute case and counter‑case preclude the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 110, 115(2), 127(1), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- land dispute
- general and omnibus accusation
- parity
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10031 of 2026
Arising Out of PS. Case No.-22 Year-2025 Thana- Manikpur P.S District- Arwal
======================================================
Shiv Bachan Yadav S/O Late Babu Chand Yadav R/o Vill.- Basantpur, P.s.-
Manikpur, Dist.- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Birendra Kumar, Advocate
For the State : Ms. Nirmala Kumari, APP
For the Informant : Ms. Chandni Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Manikpur P.S. Case No. 22 of 2025, registered for offences
punishable under Sections 115(2), 127(1), 110, 303(2), 103(1),
352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
13.03.2025 at around 5:00 P.M., the FIR named accused
persons, including this petitioner, came to the house of the
informant armed with lathi, danda and iron rod and started
abusing him. It is further alleged that when the informant
objected, they assaulted him, causing a head injury on the left
side from which blood started oozing out. When he raised
Patna High Court CR. MISC. No.10031 of 2026(2) dt.18-02-2026
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alarm, his wife, Sangeeta Devi, came to rescue him, but she too
was assaulted and a gold chain worth about Rs.1,20,000/- was
snatched from her neck. Meanwhile, the informant’s father,
Kashi Prasad, came to intervene, but all the accused persons
together assaulted him with sticks and iron rods, inflicting
grievous injuries. The family members of the informant called
the police on Dial 112, upon which the accused fled away after
issuing threats. The victims were taken to Kurtha Health Centre
and then referred to Arwal Sadar Hospital, and on 14.03.2025, a
phone call informed them about the death of informant’s father
after which, the present FIR was registered.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and he has been falsely implicated in
the present case. As a matter of fact, both parties are agnates and
due to long standing land dispute, maar-peet took place between
the parties in which both sides sustained injuries. There is a case
and counter case between them. Allegation of assault is general
and omnibus and no specific accusation of overt act has been
alleged against this petitioner. It is further submitted that co-
accused Santosh Kumar, having similar and identical
allegations, has already been granted bail by a Co-ordinate
Bench of this Hon’ble Court vide order dated 27.08.2025 passed
Patna High Court CR. MISC. No.10031 of 2026(2) dt.18-02-2026
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in Cr. Misc. No. 58908 of 2025. Moreover, charge-sheet has
already been submitted and petitioner, having no criminal
antecedents, is in custody since 27.11.2025.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties, claim based on parity, period
of custody and clean antecedents of the petitioner, the prayer for
grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released 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 Chief Judicial Magistrate, Arwal in
connection with Manikpur P.S. Case No. 22 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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