Patna High Court
Sahdev Yadav @ Sahdev GopversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Summary
The petitioner, Sahdev Yadav, was implicated in a case (Wazirganj PS Case No. 569 of 2024) alleging assault on an informant and his wife using weapons such as bhala and lathi. He contends that he is innocent and was falsely implicated due to a land dispute, asserting that the informant's wife did not sustain any injury. The State opposed his request for anticipatory bail. The court examined the nature of the allegations, the possibility of the petitioner fleeing or tampering with evidence, and the statutory provisions governing anticipatory bail. Considering the circumstances, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the allegations constitute a cognizable offence warranting denial of anticipatory bail.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 117, 118(2), 126, 3(5), 351(2), 352
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- false implication
- land dispute
- Criminal Procedure Code
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.115 of 2026
Arising Out of PS. Case No.-569 Year-2024 Thana- WAJIRGANJ District- Gaya
======================================================
Sahdev Yadav @ Sahdev Gop Son of Raj Kumar Yadav Resident of Utrawan
Maksudpur PS- Khijarsarai District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mungeshwar Kumar
For the State : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner as well as the
learned APP for the State.
2. The petitioner apprehends his arrest in connection with
Wazirganj P.S. Case No. 569 of 2024, registered for the offences
punishable under Sections 126, 115(2), 109, 117, 118(2), 352, 351(2),
3(5) of the BNS, 2023.
3. As per allegation, on 12.08.2024, petitioner along with
other co-accused persons, assaulted the informant and his wife with
bhala, gadasa, pasuli etc. due to which they got injured. The specific
allegation against the petitioner is of assaulting informant’s wife by
lathi.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in this
case due to land dispute. He has further submitted that the specific
Patna High Court CR. MISC. No.115 of 2026(2) dt.09-01-2026
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allegation against the petitioner is of assaulting the informant’s wife
with lathi but informant’s wife did not suffer any kind of injury. It
has further been submitted that there is case and counter case
between the parties.
5. On the other hand, learned APP for the State has
opposed the prayer for anticipatory bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner, in the event of his arrest or
surrender within four weeks before the learned court below, be
released on anticipatory bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-I, Gaya in connection with
Wazirganj P.S. Case No. 569 of 2024, subject to the conditions as laid
down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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