Patna High Court
Yogendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted to the petitioners under its inherent powers under Section 482(2) of the CrPC.
Summary
The Patna High Court heard two criminal miscellaneous petitions (Nos. 16324 and 18350 of 2026) arising from the same police case (Govindganj PS Case No. 50 of 2024) involving alleged offences under several IPC sections, including unlawful assembly, assault, and attempted murder. The petitioners claimed they were falsely implicated and that the incident was a reciprocal clash stemming from a prior dispute, asserting no intention to cause death and that the injuries were not grievous. The State opposed bail, contending the seriousness of the offences and the presence of multiple IPC charges. After considering the facts, the petitioners' antecedents, and the non‑serious nature of the injuries, the Court exercised its inherent powers under Section 482(2) of the CrPC to grant bail. Each petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties and to comply with conditions including presence in court and a close relative as one bailor.
Issues considered
- Whether the petitioners are entitled to bail despite charges under Sections 147, 148, 149, 341, 323, 324, 325, 379 and 307 IPC.
- Whether the alleged assault constitutes an offence under Section 307 IPC requiring intent to cause death.
- Whether the injuries sustained are of a grievous nature justifying denial of bail.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant bail in this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 308, 323, 324, 325, 341, 354(B), 379, 380, 447, 504
Subjects
- bail
- unlawful assembly
- assault
- IPC
- Section 482
- High Court
- intent to cause death
- grievous injury
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16324 of 2026
Arising Out of PS. Case No.-50 Year-2024 Thana- GOVINDGANJ District- East Champaran
======================================================
1. Kanhaiya Yadav S/o Ram Awatar Yadav R/o Village - Jitwarpur, P.S -
Gobindganj, District - East Champaran
2. Rajanti Devi @ Rajayanti Devi W/o Yogendra Yadav R/o Village -
Jitwarpur, P.S - Gobindganj, District - East Champaran
3. Meena Devi W/o Rajendra Yadav R/o Village - Jitwarpur, P.S - Gobindganj,
District - East Champaran
4. Santlal Yadav @ Om Prakash Yadav S/o Late Dhup Yadav R/o Village -
Jitwarpur, P.S - Gobindganj, District - East Champaran
5. Ashok Kumar @ Ashok Yadav S/o Rajendra Yadav R/o Village - Jitwarpur,
P.S - Gobindganj, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 18350 of 2026
Arising Out of PS. Case No.-50 Year-2024 Thana- GOVINDGANJ District- East Champaran
======================================================
Yogendra Yadav S/O Late Dhrup Yadav @ Dhruv Yadav R/O Village-
Jitwarpur, P.S- Gobindganj, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 16324 of 2026)
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
(In CRIMINAL MISCELLANEOUS No. 18350 of 2026)
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Both the cases arise from the same P.S. case, as such,
Patna High Court CR. MISC. No.16324 of 2026(2) dt.06-04-2026
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both the matters are taken up together and are disposed of vide a
common order.
02. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
03. In the present case, the petitioners are
apprehending their arrest in connection with Govindganj P.S.
Case No.50 of 2024 registered for the alleged offences under
Section 147, 148, 149, 341, 323, 324, 325, 379, 307 of the
Indian Penal Code.
04. As per prosecution case, petitioners and other
coaccused persons making an unlawful assembly and variously
armed surrounded the informant. Petitioner Yogendra Yadav
gave a farsa blow on his head and other coaccused Dilip Yadav
and Ashok Yadav snatched Rs. 10,000/- from him and assaulted
him with rod. Thereafter, coaccused Guddu Yadav and Rupesh
Yadav assaulted him on his leg causing fracture on his right
foot. The family members of the informant were also assaulted
and their household articles were damaged. The occurrence took
place in the background of the fact that the brother of the
informant had earlier lodged Govindganj P.S. Case No. 132 of
2023 against the petitioners.
05. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.16324 of 2026(2) dt.06-04-2026
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the petitioners are innocent and have been falsely implicated in
this case. The present case is counter blast of Govindganj P.S.
Case No. 46 of 2024 which has been registered for the offences
under Sections 148, 147, 149, 341, 323, 324, 308, 447, 307,
380, 504, 354(B) of the IPC. One Vinay Yadav sexually
assaulted the minor daugther of the petitioner Sant Lal Yadav
and when the petitioner side took up this matter with his family,
they assaulted the petitioners causing a number of injuries to
them. Learned counsel further submits that in any case, the
occurrence could be taken as a free fight between two groups
and there was no intention to cause death. Learned counsel
further submits that moreover there is specific allegation against
petitioners of Criminal Miscellaneous No. 16324 of 2026 and
allegation of assault is specific against petitioner Yogendra
Yadav of Criminal Miscellaneous No. 18350 of 2026 but the
said injury is not supported by the injury report as no sharp cut
injury has been found on the informant and the injury on the
informant is a lacerated one of size 4”x1/2” in frontoparietal
region apart from pain in right limb. Though fracture of base of
metatarsal bones and fracture of base of proximal phalanx has
been observed and these injuries are stated to be grievous.
Learned counsel further submits that there is also land dispute
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between the parties and dispute over right to way. Learned
counsel reiterates that there was no intention to cause death and
no offence under Section 307 of the IPC is made out against the
petitioners. Petitioner Rajanti Devi, Santlal Yadav and Ashok
Kumar @ Ashok Yadav are having antecendent of one case each
and petitioner Yogendra Yadav has antecedent of two cases.
They are on bail in all the cases. Petitioner Kanhaiya Yadav and
Meena Devi have no criminal antecedent.
06. Learned A.P.P. for the State opposes the
submission made on behalf of the learned counsel for the
petitioners.
07. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
earlier counter version of the petitioners side and further
considering the non-serious nature of injuries, let the petitioners
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 bond of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Court of ACJM-Ist,
Motihari, East Champaran in connection with Govindganj P.S.
Case No.50 of 2024, subject to the condition laid down under
Patna High Court CR. MISC. No.16324 of 2026(2) dt.06-04-2026
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Section 482(2) of the BNSS 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 court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
anuradha/-
U T
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