Patna High Court
Saryu Yadav @ Sarju YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court grants bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Saryu Yadav and his son Pradeep Kumar, were arrested in connection with a case registered under several sections of the Bihar Non‑Criminal (BNS) Act, 2023, alleging assault on the informant and his family during a land dispute. The petitioners argued that the allegations were vague, that they were falsely implicated due to a family land conflict, and that they have no prior criminal record. The State opposed the bail application. The court noted the lack of antecedents, the filing of the charge‑sheet, and the possibility of false implication, and therefore ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions of a close relative as bailor, personal appearance at each trial date, and cancellation on repeated non‑appearance. The order grants bail to both petitioners.
Issues considered
- Whether bail should be granted to the accused despite charges under Sections 126(2), 115(2), 118(1), 118(2), 109, 352, 351(2) & 3(5) of the BNS Act, 2023.
- Whether the allegations constitute a false implication arising from a land dispute.
- Whether the absence of prior criminal record and the filing of the charge‑sheet justify bail.
Subjects
- bail
- land dispute
- false implication
- criminal antecedent
- BNS Act 2023
- sections 126,115,118,109,352,351,3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10839 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- AMAS District- Gaya
======================================================
1. Saryu Yadav @ Sarju Yadav S/o- Late Ram Das Yadav @ Ramdas Yadav
Resident of Village- Chhotka Bahers PS- Amas, Dist- Gaya
2. Pradeep Kumar @ Pradip Kumar S/o- Saryu Yadav @ Sarju Yadav Resident
of Village- Chhotka Bahers PS- Amas, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajni Kant Singh
For the Opposite Party/s : Mr.Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Amas
P.S. Case No. 334 of 2025, registered for the offence punishable
under Sections 126(2), 115(2), 118(1), 118(2), 109, 352, 351(2)
& 3(5) of BNS, 2023.
3. The informant, Abhimanyu Yadav, alleged that on
02.12.2025 at about 8:00 a.m., while his wife was preparing
cow dung cakes, all the accused persons including the
petitioners arrived and assaulted him, his wife, and other family
members, causing multiple injuries, and thereafter fled away
from the spot.
Patna High Court CR. MISC. No.10839 of 2026(3) dt.19-03-2026
2/3
4. Learned counsel for the petitioner has submitted
that the allegations are general and omnibus. There is land
dispute between the parties. There is case and counter case. He
further submits that the petitioner is ready to abide by the
conditions which may be imposed by this Court.
5. Learned APP for the State has opposed the
application for bail.
6. Petitioner No. 2 is the son of petitioner No. 1 and
both the petitioners are gotiyas of the informant. It has
specifically been contended in paragraph 10 of the application
that there was land dispute between the informant and the
brother of petitioner No. 1, namely Arjun Yadav, has also filed a
case by way of counterblast bearing Amas Case No. 335 of
2025. It, therefore, cannot be ruled out that the petitioners have
been falsely implicated merely for the reason of being the
family members of Arjun Yadav. Further, taking note of the fact
that the petitioners do not have any criminal antecedent and are
under custody since 03.12.2025, and also that the charge sheet
has already been filed in 02.02.2026, let the above named
petitioners, be enlarged on bail on 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 court
Patna High Court CR. MISC. No.10839 of 2026(3) dt.19-03-2026
3/3
below where the case is pending/successor court in connection
with Amas P.S. Case No. 334 of 2025, subject to the following
conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates
without substantial reason or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to be cancelled
by the Court concerned.
(Alok Kumar Sinha, J)
kundan/-
U T
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