Patna High Court
Kanhaiya Yadav @ Kanhai YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- CHANDRA SHEKHAR JHA
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The Court dismissed the anticipatory bail for Kanhaiya Yadav as withdrawn and granted bail to all petitioners subject to Section 482(2) conditions.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 Kanhaiya Yadav had already been arrested, so his anticipatory bail application was deemed withdrawn.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
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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
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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/-
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