Patna High Court
AMRESH YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Amresh Yadav and Shobha Yadav, applied for anticipatory bail in a case arising from a dispute over a buffalo grazing in a maize field that led to firing and injury to a villager. They argued they have clean antecedents and that the FIR does not specifically implicate them, contending they were falsely implicated by the informant. The State opposed the bail, but the petitioners highlighted a prior anticipatory bail granted to other individuals in a similar matter, seeking parity. The Court examined the lack of specific allegations against the petitioners and the principle of granting bail in the interest of justice. It directed that, upon arrest or surrender within six weeks, the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners given the facts of the FIR.
- Whether the FIR specifically implicates the petitioners in the alleged firing.
- Whether the prior grant of anticipatory bail to other persons warrants similar relief to the petitioners.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109, 3(5)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Arms Act
- Section 27
- Section 482
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11623 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
1. AMRESH YADAV S/o- Nago Yadav @ Najo Yadav R/v- Dhadhi Ps-
Beldaur Dist- Khagaria
2. Shobha Yadav @ Sona Yadav S/o- Nago Yadav R/v- Dhadhi Ps- Beldaur
Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar
Mr. Amit Prakash
Mr. Amar Kumar Singh
For the Opposite Party/s : Mr. Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 109, 3(5) of the B.N.S and Section 27 of Arms Act
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
informant alleges that on 09.04.2025, the buffalo of Rakesh
Yadav grazed the maize field of Amrendra Yadav, on account of
which firing took place from both sides and in the firing,
villager Puran Yadav was injured.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.11623 of 2026(2) dt.15-05-2026
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petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that on
account of dispute relating to grazing of maize crop of
Amrendra Yaadv by buffalo of Rakesh Yadav, the occurrence is
alleged to have taken place in which both sides fired at each
other, in which Puran Yadav, a villager, got injured. It is further
submitted that statement of Puran Yadav was recorded by the
police during the course of investigation and he has not alleged
anything specific against the petitioners. It is also submitted that
even presuming what has been alleged is true without admitting,
then allegation of firing is not specific. It is next submitted that
Hari Kishore Yadav and Ashutosh Kumar had approached this
Court seeking anticipatory bail by filing Cr. Misc. No.80343 of
2025 and the same came to be allowed by an order dated
09.12.2025, thus based on parity seeks anticipatory bail.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
Patna High Court CR. MISC. No.11623 of 2026(2) dt.15-05-2026
3/3
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Beldaur P. S. Case No. 106 of 2025, subject to the conditions
laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
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