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Patna High Court

Kanhaiya Yadav @ Kanhai YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court dismissed the anticipatory bail for Kanhaiya Yadav as withdrawn and granted bail to all petitioners subject to Section 482(2) conditions.

Summary

The petitioners Kanhaiya Yadav, Hareram Yadav and Bhuneshwar Yadav applied for anticipatory bail in connection with a physical‑assault case (Ghoshwari PS Case No. 151 of 2025) alleging they were implicated in a false case arising from a monetary dispute. Kanhaiya Yadav had already been arrested, so his anticipatory bail application was deemed withdrawn. The remaining petitioners argued they had clean antecedents and that the allegations were general and omnibus. The State opposed bail. The Court held that, despite the pending charges under several sections of the Bhartiya Nayay Sanhita Act, the petitioners were entitled to bail and directed their release on a bond of Rs 10,000 each, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the anticipatory bail application of Kanhaiya Yadav should be dismissed as infructuous.
  • Whether bail should be granted to Hareram Yadav and Bhuneshwar Yadav despite the serious charges.
  • Whether the allegations constitute a sufficient ground to deny bail.

Subjects

  • anticipatory bail
  • bail
  • physical assault
  • false case
  • clean antecedent
  • Section 482
  • Bhartiya Nayay Sanhita Act
  • monetary dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10708 of 2026
                       Arising Out of PS. Case No.-151 Year-2025 Thana- GHOSWARI District- Patna
                 ======================================================
           1.     Kanhaiya Yadav @ Kanhai Yadav S/o Upendra Yadav R/o Village- Jagir
                  Tola Tartar, P.S- Ghoshwari, Dist- Patna.
           2.    Hareram Yadav S/o Upendra Yadav R/o Village- Jagir Tola Tartar, P.S-
                 Ghoshwari, Dist- Patna.
           3.     Bhuneshwar Yadav @ Bhuneshwar Prasad S/o Kameshwar Yadav R/o
                  Village- Jagir Tola Tartar, P.S- Ghoshwari, Dist- Patna.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. At the outset, it is submitted by learned counsel for

                   the petitioners that during pendency of this case, petitioner no. 1,

                   namely, Kanhaiya Yadav @ Kanhai Yadav has already been

                   arrested, as such, present anticipatory bail application of petitioner

                   no. 1 has become infructuous.

                                3. Accordingly, the prayer of anticipatory bail application

                   of petitioner no. 1, namely, Kanhaiya Yadav @ Kanhai Yadav

                   stands dismissed as withdrawn having become infructuous.

                                4. Now, this application survives only for petitioner nos.
Patna High Court CR. MISC. No.10708 of 2026(2) dt.23-02-2026
                                            2/3




          2 and 3, namely, Hareram Yadav and Bhuneshwar Yadav @

          Bhuneshwar Prasad.

                          5. The accused/petitioners apprehending their arrest

          in connection with Ghoshwari P.S. Case No.            151 of 2025

          registered for the offences punishable under Sections 126(2),

          127(2), 115(2), 109(1), 303(2), 352, 351(2), 3(5) of Bhartiya

          Nayay Sanhita Act (341, 342, 307, 379, 506, 504/34 of the IPC).

                       6. The petitioners alongwith other co-accused persons

          alleged to assault informant by using lathi, rod, brick plates etc.

          causing head and bodily injuries, where occurrence is alleged due

          to monetary disputes arising out of loan of Rs. 50,000/-.

                       7. It is submitted by learned counsel appearing on

          behalf of the petitioners that before present occurrence, a case

          was lodged by wife of co-accused Guddu Yadav, which was

          registered as Ghoshwari P.S. Case No. 150/2025 and in retaliation

          of that criminal case, the present false case was lodged. It is

          submitted that Guddu Yadav is in custody and these petitioners

          appear implicated only being the agnate of Guddu Yadav, who are

          facing general and omnibus allegation for physical assault.

          Petitioners claimed clean antecedent.

                       8. Learned APP opposed the prayer of bail.

                       9. In view of aforesaid factual submissions and by
              Patna High Court CR. MISC. No.10708 of 2026(2) dt.23-02-2026
                                                          3/3




                        taking note of fact as allegation qua physical assault is appearing

                        very much general and omnibus against petitioners, who are of

                        clean antecedent, accordingly, all above named petitioners, in the

                        event of their arrest or surrender before the learned trial Court,

                        within a period of four weeks of the order, is directed to be

                        released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) each with two sureties of the like amount each to the

                        satisfaction of the learned Sub-Divisional Judicial Magistrate, Barh,

                        Patna/concerned Court, where the case is pending in connection

                        with Ghoshwari P.S. Case No.                151 of 2025 subject to the

                        conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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