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Patna High Court

Guleshwar Yadav @ Guli YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, finding that the circumstances warranted its grant.

Summary

The petitioners, members of the family of an informant, sought anticipatory bail after fearing arrest in a case registered under multiple sections of the B.N.S. for alleged assault during a buffalo‑tying dispute. They contended that they were falsely implicated due to a partition dispute, highlighted the ten‑day delay in filing the FIR, and argued that the charges were vague and omnibus with no specific overt act described. The State opposed the bail, insisting that the allegations warranted detention. The court noted the familial relationship, the unexplained delay, the general nature of the accusations, and the petitioners’ clean antecedents, and held that these factors justified the grant of anticipatory bail. Consequently, the court ordered that if arrested within eight weeks, the petitioners be released on bail upon furnishing a bail‑bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted given the vague and delayed allegations.
  • Whether the delay in lodging the FIR and the familial relationship affect the propriety of bail.
  • Whether Section 482(2) of the B.N.S.S. permits enlargement of bail in such circumstances.

Legislation cited

  • B.N.S. — s. 110, 115(2), 117(2), 126(2), 3(5), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • delay in FIR
  • omnibus accusation
  • family dispute
  • clean antecedents
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1621 of 2026
                     Arising Out of PS. Case No.-40 Year-2025 Thana- CHEWARA District- Sheikhpura
                 ======================================================
           1.     Guleshwar Yadav @ Guli Yadav S/o Late Rohan Yadav R/o Village -
                  Ekrama, P.S - Chewara, District - Sheikhpura
           2.    Biro Yadav S/o Guleshwar Yadav @ Guli Yadav R/o Village - Ekrama, P.S -
                 Chewara, District - Sheikhpura
           3.    Minta Devi W/o Guleshwar Yadav @ Guli Yadav R/o Village - Ekrama, P.S
                 - Chewara, District - Sheikhpura

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Bipin Kumar, Advocate
                 For the State           :        Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 110, 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, on a trivial issue of tying

                   of buffaloes, all the F.I.R. named accused persons, including

                   these petitioners, assaulted informant, his wife and daughter

                   resulting in injuries to them.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.1621 of 2026(2) dt.28-01-2026
                                            2/3




          have committed no offence. Petitioners have falsely been

          implicated in this case due to partition dispute between the

          parties. Petitioner No. 1 is father of the informant, Petitioner No.

          2 is brother of the informant and Petitioner No. 3 is mother of

          the informant. It is further submitted that the alleged occurrence

          took place on 28.05.2025 whereas the present F.I.R. has been

          lodged after inordinate delay of 10 days on 07.06.2025 and there

          is no plausible explanation for the same which itself makes the

          entire prosecution case doubtful. Moreover, allegation of assault

          is general and omnibus and no specific accusation of overt act

          has been alleged against these petitioners. Petitioners claim

          clean antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, relationship between the parties, general and omnibus

          nature of accusation, delay in lodging of the F.I.R. and clean

          antecedents of the petitioners, the prayer for grant of

          anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named
             Patna High Court CR. MISC. No.1621 of 2026(2) dt.28-01-2026
                                                         3/3




                       petitioners be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) each with two sureties of the like

                       amount each to the satisfaction of learned Chief Judicial

                       Magistrate, Sheikhpura in connection with Chewara P.S. Case

                       No. 40 of 2025, subject to condition as laid down under Section

                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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