Patna High Court

Onkar YadavversusThe State of Bihar

Decided: 25 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Onkar Yadav, sought anticipatory bail fearing arrest in a case (Jhajha PS Case No.335 of 2025) filed under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the accused, including the petitioner, assaulted an informant and his uncles while they were ploughing fields, using lathi, rod and sword. The petitioner contended that he was falsely implicated, that no specific allegation of assault was made against him, and that the dispute stemmed from a land conflict with the informant, emphasizing his clean antecedent and willingness to cooperate. The State opposed the bail. Considering the lack of a direct allegation, the petitioner’s clean record, and the circumstances, the court granted anticipatory bail on the condition of a Rs.10,000 bond, two sureties of equal amount, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether there is a specific allegation of assault against the petitioner justifying denial of bail.
Whether the petitioner’s clean antecedent and the land dispute context warrant bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(3), 118, 126, 190, 191(2), 191(3), 482(2)

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
assault
land dispute
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18170 of 2026
                        Arising Out of PS. Case No.-335 Year-2025 Thana- JHAJHA District- Jamui
                 ======================================================
                 Onkar Yadav S/o Sitaram Yadav R/o Village-Garhi Mahapaur, P.s-Jhajha,
                 Dist- Jamui
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar.                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Advocate.
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Jhajha P.S. Case No.335 of 2025 instituted under Sections

                   190, 191(2), 191(3), 117(3), 115(2), 126, 118, 109 of the B.N.S.,

                   2023.

                                3. As per the prosecution case, when the informant

                   went on his field then all the accused persons including the

                   petitioner armed with arms were ploughing field. When the

                   informant went to stop them, then all the accused persons started

                   abusing and assaulting him by means of lathi, rod and sword. It is

                   alleged that the uncles of informant was also assaulted by the

                   accused persons due to which they received injury.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case.

                   He further submits that the there is no specific allegation of

                   assault against the petitioner rather the specific allegation is
            Patna High Court CR. MISC. No.18170 of 2026(2) dt.25-03-2026
                                                        2/2




                      against co-accused Kedar Yadav due to which the uncle of the

                      informant received injury over their head. Learned counsel

                      submits that both the parties are co-villager and there is land

                      dispute between them and there is case and counter case between

                      them. He further submits that petitioner has got clean antecedent

                      and he undertakes to cooperate in the investigation and trial of

                      the case.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail.

                                   6. Considering the facts and circumstances of the case,

                      submissions of learned counsel for the parties and the nature of

                      allegation against the petitioner as well as his clean antecedent,

                      in the event of arrest or surrender before the Court below within

                      six weeks from today, the petitioner be released on bail upon

                      furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount to each to the satisfaction of the

                      learned C.J.M., Jamui in connection with Jhajha P.S. Case

                      No.335 of 2025, subject to the conditions laid down in Section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
Ritik/-
U       T

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