Patna High Court
Ragho Yadav @ Faudi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that bail should be granted to the petitioners, subject to a monetary bond and specific conditions, notwithstanding the serious nature of the charges.
Summary
The petitioners, five Yadav brothers, sought bail fearing arrest in a case (Barh P.S. Case No. 629 of 2025) alleging assault with a country‑made pistol and a husk cutter, under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged they attacked an informant, while the petitioners claimed innocence, citing a long‑standing land dispute and pending proceedings under Section 144 of the Cr.P.C. The informant opposed bail, emphasizing the specific assault allegations. The court, after hearing counsel, granted bail on the condition that each petitioner furnish a ₹30,000 bond, a family member act as bailor with proof of bona‑fide status, and an undertaking not to repeat the offence, subject to the trial court’s discretion under the Bharatiya Nagrik Suraksha Sanhita, 2023. The bail order was conditioned on compliance with Section 482(2) of the same act.
Issues considered
- Whether the petitioners are entitled to bail despite charges under sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the existence of a land dispute and pending proceedings under Section 144 Cr.P.C. affect the grant of bail.
- Whether the specific allegation of assault with a pistol warrants denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352
- Code of Criminal Procedure, 1973 — s. 144
Subjects
- bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 144 Cr.P.C.
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15703 of 2026
Arising Out of PS. Case No.-629 Year-2025 Thana- BARH District- Patna
======================================================
1. Ragho Yadav @ Faudi Kumar Son of Late Naresh Yadav Resident of
Village- Mankaura, Naya Bigha, Ps- Barh, Dist- Patna
2. Shankar Yadav Son of Late Naresh Yadav Resident of Village- Mankaura,
Naya Bigha, Ps- Barh, Dist- Patna
3. Vishwanath Yadav @ Vishwanath Kumar Son of Late Naresh Yadav
Resident of Village- Mankaura, Naya Bigha, Ps- Barh, Dist- Patna
4. Lalu Yadav @ Lal Kumar Son of Late Naresh yadav Resident of Village-
Mankaura, Naya Bigha, Ps- Barh, Dist- Patna
5. Awadhesh Kumar Yadav Son of Late Naresh Yadav Resident of Village-
Mankaura, Naya Bigha, Ps- Barh, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Sinha, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the opposite party no.2.
2. The petitioners who apprehend arrest in connection
with Barh P.S. Case No. 629 of 2025 lodged on 09.11.2025, for
the offences punishable under sections 126(2), 115(2), 118(1),
109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged
against four named accused persons, including the present
petitioners, alleging therein that they came armed with a
Patna High Court CR. MISC. No.15703 of 2026(2) dt.25-03-2026
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country-made pistol and a fodder-cutting tool (husk cutter) and
assaulted the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. It is
further submitted that the parties are adjacent neighbours and
well known to each other. There is a long-standing land dispute
between them, and for the same date and place of occurrence,
there exists a case and counter-case between the parties. It is
also submitted that proceedings under Section 144 Cr.P.C. are
pending between the parties, wherein notices have already been
issued.
5. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that there are specific
allegations against the petitioners of having assaulted the
informant by the butt of a pistol. However, he concedes that a
land dispute is pending between the parties.
6. Learned APP for the State opposes the prayer for
bail.
7. In the facts and circumstances of the case, let the
above-named petitioners be released on bail, in the event of
their arrest or surrender before the Trial Court within a period of
four weeks from today, on furnishing bail bond of ₹30,000/-
Patna High Court CR. MISC. No.15703 of 2026(2) dt.25-03-2026
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(Rupees Thirty Thousand only) each, as mentioned in Section
2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the
satisfaction of the learned Additional Chief Judicial
Magistrate-1, Barh, Patna, in connection with the
aforementioned case, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023 as well as the following conditions :
(i) one of the bailor should be the family member of
the petitioners who shall provide official document to show his
bona fide; and
(ii) The petitioners shall furnish an undertaking before
the Trial Court to the effect that he shall not commit such an
offence in future, failing which the State shall be at liberty to
take appropriate steps for cancellation of his bail bonds.
(Dr. Anshuman, J)
Ashwini/-
U T
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