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Patna High Court

RAJBALI YADAV @ RAJBALLABH YADAVversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                   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
                                                        3/3




                              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/-

U √     T   √


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