Patna High Court
Bablu Yadav @ Babblu Yadav@Wablu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 438(2) CrPC and Section 482(2) CrPC.
Summary
The petitioners, four members of the Yadav family, sought anticipatory bail fearing arrest in a case registered under IPC sections 341, 323, 354, 379, 504 and 506/34, arising from an alleged assault during a land‑boundary dispute. The informant claimed the petitioners attacked her and her family while they were erecting a boundary wall, but no injury report was on record. The petitioners argued they had clean antecedents except one who had a prior conviction, and contended the FIR lacked substantive evidence. The State opposed the bail, asserting the seriousness of the offences. The High Court, after considering the facts, granted anticipatory bail to the petitioners on the condition of a Rs.10,000 bail bond per petitioner, two sureties, and compliance with Section 438(2) of the CrPC and Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
- Whether the prior criminal antecedent of one petitioner affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 34, 341, 354, 379, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- land dispute
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1833 of 2026
Arising Out of PS. Case No.-354 Year-2022 Thana- CHANDAUTI District- Gaya
======================================================
1. Bablu Yadav @ Babblu Yadav@Wablu Yadav S/O Musafir Yadav @
Mosafir Yadav Resident of Village- Chirayantad, P.S.- Chandauti, District-
Gaya,
2. Deepak Yadav @ Deepak Kumar Son of Musafir Yadav @ Mosafir Yadav
Resident of Village- Chirayantad, P.S.- Chandauti, District- Gaya,
3. Rajesh Yadav @ Rajesh Kumar Son of Musafir Yadav @ Mosafir Yadav
Resident of Village- Chirayantad, P.S.- Chandauti, District- Gaya,
4. Musafir Yadav @ Mosafir Yadav Son of Late Budhan Yadav Resident of
Village- Chirayantad, P.S.- Chandauti, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 341, 323, 354, 379,
504, 506/34 of the Indian Penal Code.
3. The informant alleged that when she along with
other family members were erecting boundary wall on their
field, all the F.I.R. named accused persons including petitioners
came and assaulted informant and her family members.
4. Learned counsel for the petitioners submits that on
Patna High Court CR. MISC. No.1833 of 2026(2) dt.29-01-2026
2/2
account of land dispute, the alleged scuffle took place. He
further submits that there is no injury report on record to
substantiate the allegation made in the F.I.R. Petitioner no. 1, 2
& 4 claim clean antecedent, whereas petitioner no. 3 has got one
criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Addl. Chief Judicial Magistrate – III,
Gaya in connection with Chandauti P.S. Case No. 354 of 2022,
subject to condition as laid down under Section 438(2) of the
Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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