Patna High Court
RAJBALI YADAV @ RAJBALLABH YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Rajbali Yadav, sought anticipatory bail in a case arising from a land dispute where he was alleged to have ordered an assault on his nephew, the informant. The FIR alleged offences under several sections of the Bhartiya Nyaya Sanhita, 2023, including assault with intent to kill. The petitioner argued that he was only an order‑giver and the actual assault was committed by a co‑accused, resulting in only simple injuries. The court noted the familial relationship, the nature of the injury, and the lack of direct involvement by the petitioner, and therefore found no reason to deny bail. Consequently, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is liable for the alleged assault and thus ineligible for anticipatory bail
- Whether the nature of the injury and the petitioner’s role as an order‑giver justify granting anticipatory bail
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 110, 115(2), 118(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- land dispute
- assault
- simple injury
- Section 482
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14545 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
RAJBALI YADAV @ RAJBALLABH YADAV Son of Late Shibi Yadav
Resident of Village - Bajitpur, Police Station - Ghoshi (Okari), District -
Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Ghoshi (Okari) Police Station Case No. 245 of 2025,
disclosing offences punishable under Sections 126(2)/115
(2)/118(2)/110/352/351(2)/3(5) of the Bhartiya Nyaya
Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 11.05.2025, at about 01:30 PM, the informant
started construction upon his land, then his uncle, i.e. the
petitioner, tried to stop the construction work. It has
further been alleged that subsequently the accused
persons, including the petitioner, started abusing the
Patna High Court CR. MISC. No.14545 of 2026(2) dt.25-03-2026
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informant and assaulted him with an intention to kill him.
It has further been alleged that on the order of the
petitioner, co-accused Bittu Yadav assaulted the informant
on his chest by means of iron rod, due to which he
sustained injuries.
4. Learned Counsel for the petitioner submits that both the
parties are agnates and there is land dispute between
them. The specific allegation of assault is not against the
petitioner and at best the petitioner can be said to be an
order giver. The specific overt act is against co-accused
Bittu Yadav and the informant has sustained simple
injuries. The criminal antecedents mentioned in paragraph
3 of this application is related to the cases lodged by the
side of the informant.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the petitioner is the uncle of the informant, there is land
dispute between them and the injuries sustained by the
informant are simple in nature, I am inclined to grant the
petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
Patna High Court CR. MISC. No.14545 of 2026(2) dt.25-03-2026
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or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Jehanabad, in connection with
Ghoshi (Okari) Police Station Case No. 245 of 2025,
subject to the condition laid down under Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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