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Patna High Court

Bablu Yadav @ Babblu Yadav@Wablu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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