Patna High Court
Om Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court denied pre‑arrest bail to Janardan Yadav but granted bail to Om Prakash Yadav and Gorakh Yadav subject to bond and surety conditions.
Summary
The petitioners, three brothers, applied for pre‑arrest bail in a case registered under several sections of the Indian Penal Code relating to assault, theft and other offences arising from a land dispute. The State opposed the bail. The court examined the allegations, finding that Janardan Yadav was specifically accused of a grievous assault with intent to kill, and therefore denied him pre‑arrest bail. The other two brothers were alleged to have caused only simple injuries, and the court granted them pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) Cr.P.C/Section 482(2) BNSS. The court also directed verification of any prior criminal antecedents, after which the bail order would lapse if adverse findings emerged. The bail application was ultimately disposed of.
Issues considered
- Whether pre‑arrest bail should be granted to Janardan Yadav given the alleged grievous assault with intent to kill
- Whether pre‑arrest bail can be granted to Om Prakash Yadav and Gorakh Yadav for alleged simple injuries
- What conditions under Section 438(2) Cr.P.C and Section 482(2) BNSS apply to the grant of pre‑arrest bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 109, 115, 117, 118, 126, 191, 303, 351, 352
Subjects
- pre‑arrest bail
- Indian Penal Code
- grievous injury
- assault
- land dispute
- Section 438 Cr.P.C
- Section 482 Cr.P.C
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11895 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- GUTHANI District- Siwan
======================================================
1. Om Prakash Yadav S/o Gorakh Yadav @ Ramayan Yadav @ Gorakh
Chaudhary Resident of vill- Khap Mishrouli, PS- Guthni, Dist- Siwan
2. Janardan Yadav S/o Gorakh Yadav @ Ramayan Yadav @ Gorakh Chaudhary
Resident of vill- Khap Mishrouli, PS- Guthni, Dist- Siwan
3. Gorakh Yadav @ Ramayan Yadav @ Gorakh Chaudhary S/o Late Gopal
Yadav Resident of vill- Khap Mishrouli, PS- Guthni, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Anupam, Advocate.
For the Opposite Party/s : Mr.Pushpa Sinha.1, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 27-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Guthni P.S. Case No. 284 of 2025 registered for the offence
punishable under Sections 191(2), 126(2), 115(2), 118(1),
117(2), 109(1), 303(2), 351(2) and 352 of the BNS.
3. As per the allegation made in the F.I.R., all the
accused persons, including the petitioners, are alleged to have
assaulted the informant and his family members, causing
injuries to them. It is further alleged that the accused persons
also committed theft of cash and ornaments.
Patna High Court CR. MISC. No.11895 of 2026(3) dt.27-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and have
committed no offence as alleged in the F.I.R. It is further
submitted that both parties are pattidars and there exists an
admitted land dispute between them, which has given rise to the
present case. On these grounds, learned counsel prays that the
petitioners be enlarged on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature and gravity of the
allegations levelled against petitioner no. 2, Janardan Yadav, it
appears that he is specifically alleged to have assaulted Munna
Yadav with an intention to kill by inflicting injury on the head,
which is a vital part of the body. The injury has also been opined
by the doctor to be grievous in nature. In view of the aforesaid
facts and circumstances, this Court is not inclined to enlarge
petitioner no. 2, Janardan Yadav, on pre-arrest bail.
7. So far as petitioner nos. 1 and 3 are concerned, the
injury sustained by the victims and attributable to these
petitioners are simple in nature, they are directed to be released
on pre-arrest bail, in the event of their arrest or surrender before
the Court below within a period of four weeks from today, on
Patna High Court CR. MISC. No.11895 of 2026(3) dt.27-04-2026
3/3
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate-I, Siwan in connection with Guthni
P.S. Case No. 284 of 2025, subject to the condition as laid down
under Section 438(2) Cr.P.C / 482(2) BNSS.
8. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
Checking your session…