Patna High Court
Deepak Yadav @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the anticipatory bail request of petitioner No.2 is no longer viable due to his arrest, and that petitioners No.1 and No.3 are entitled to bail under Section 482(2) of the BNS Act, 2023, subject to prescribed conditions.
Summary
The petitioners sought anticipatory bail in a case involving alleged assault and weapons offences under various sections of the BNS Act, 2023 and the Arms Act. Petitioner No.2 was arrested during the pendency of the application, rendering his anticipatory bail request ineffective, and the court dismissed that portion of the application. Petitioners No.1 and No.3 argued they were falsely implicated in a land‑dispute‑related scuffle resulting in only minor injuries, and they have clean antecedents. The State opposed the bail, but the court noted the superficial nature of the injuries, the background of a case‑and‑counter‑case, and the possibility of false implication. Consequently, the court dismissed the anticipatory bail application for petitioner No.2 and granted bail to petitioners No.1 and No.3 subject to conditions under Section 482(2) of the BNS Act, 2023.
Issues considered
- Whether the anticipatory bail application becomes infructuous upon the arrest of petitioner No.2
- Whether petitioners No.1 and No.3 are entitled to bail given the nature of the alleged offences and injuries
- Whether Section 482(2) of the BNS Act, 2023 permits the grant of bail in the circumstances
Legislation cited
Subjects
- anticipatory bail
- bail
- Section 482
- land dispute
- false implication
- simple injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16258 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- MEHUSH District- Sheikhpura
======================================================
1. Deepak Yadav @ Deepak Kumar S/o Karu Yadav,
2. Kundan Yadav @ Kundan Kumar Yadav S/o Karu Yadav
3. Ranjeet Yadav, S/o Bhola Yadav
All are residents of village - Mafo, P.S - Mehus, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Learned counsel for the petitioners submits that
petitioner no.2 namely, Kundan Yadav @ Kundan Kumar Yadav
has been arrested during the pendency of this application and, as
such, his application for grant of anticipatory bail has rendered
infructuous.
2. Accordingly, this application is dismissed as
having become infructuous so far as petitioner no.2 is
concerned.
3. Heard learned counsel for the petitioner nos. 1 & 3
and learned APP for the State.
4. In the present case, the petitioner nos. 1 & 3 are
apprehending their arrest in connection with Mehus P.S. Case
Patna High Court CR. MISC. No.16258 of 2026(2) dt.06-04-2026
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No. 53 of 2025 registered under Sections 126 (2), 115 (2),
329(4), 117(2), 76, 352, 351(2), 109, 3(5) of BNS, 2023 and
Section 27 of the Arms Act.
5. As per prosecution case, the petitioner nos. 1 & 3
and other co-accused persons armed with iron rod and other
weapons came to the doors of the informant and started abusing
the husband of the informant. The petitioner nos. 1 & 3 and
other co-accused persons entered into the house of the informant
and put her down and assaulted the informant and her family
members causing injuries to them.
6. Learned counsel for the petitioners submits that the
petitioner nos. 1 & 3 are innocent and have falsely been
implicated in this case. There is case and counter case between
the parties and Mehus P.S. Case No.54 of 2025 has been
registered against the informant’s side on written report of the
father of petitioner no.1 as informant’s side assaulted the
petitioners and their family members causing injuries to them.
The learned counsel further submits that the injury reports of the
victims namely Babita Devi, Pintu Yadav, Raushan Yadav show
simple injuries on legs and toes and there is no injury on any
vital part which might be construed as life threatening. The
learned counsel further submits that however, in the rejection
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order, it has been mentioned that one of the injured has received
a grievous injury, but the same appears to be an error of record.
The learned counsel further submits that the whole occurrence
appears to have taken place in a scuffle between two groups,
who are agnates and there is land dispute between them.
Moreover, allegations are non-specific, general and omnibus.
The petitioner nos. 1 & 3 are having clean antecedents.
7. Learned APP vehemently opposes the submission
made on behalf of the petitioner nos. 1 & 3.
8. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
simple and superficial nature of injury and further considering
the background of land dispute, case and counter case of the
parties and further considering the clean antecedents of the
petitioners and possibility of their false implication, let the
petitioner nos. 1 & 3 above named, in the event of their arrest or
surrender before the court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bonds
of Rs.10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-1, Sheikhpura, in
connection with Mehus P.S. Case No. 53 of 2025, subject to the
Patna High Court CR. MISC. No.16258 of 2026(2) dt.06-04-2026
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condition as laid down under Section 482(2) of the BNSS, 2023
and other following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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