Patna High Court
Ganesh Yadav @ Gomesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Ganesh Yadav and Praveen Yadav, applied for anticipatory bail in a case arising from an alleged assault on an informant and her son, with offences listed under the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, along with co‑accused, assaulted the victims, causing head injuries. The petitioners contended they were falsely implicated due to an admitted land dispute, asserting the injuries were simple and they were innocent. The court considered the existence of a land dispute and the co‑sharer relationship between the parties, and applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, the court granted anticipatory bail, directing the petitioners to furnish bail bonds and sureties within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the serious nature of the alleged offences
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in this context
- Whether the admitted land dispute and co‑sharer status affect the assessment of culpability
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115, 117, 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- land dispute
- assault
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18926 of 2026
Arising Out of PS. Case No.-280 Year-2025 Thana- BARACHATTI District- Gaya
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1. Ganesh Yadav @ Gomesh Yadav S/O Thanu Yadav @ Thaman Yadav R/O
Village- Dhanawan, P.S- Barachatti, Distt.- Gaya.
2. Praveen Yadav @ Praveen Kumar S/O Thanu Yadav @ Thaman Yadav R/O
Village- Dhanawan, P.S- Barachatti, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 16-04-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Barachatti Police Station Case No. 280 of 2025, dated
08.08.2025, disclosing offences punishable under
Sections 126(2)/115/117/109/352/351(2)/3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that the petitioners, along with other co-accused
persons, variously armed, came to assault the informant
and when the informant raised alarm, her son, Brahmdeo
Yadav, came there, upon which the petitioner no. 1
Patna High Court CR. MISC. No.18926 of 2026(2) dt.16-04-2026
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assaulted him by tangi on his head, causing head injury
and the petitioner no. 2 assaulted the informant on her
head. Other co-accused persons assaulted other family
members of the informant.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in this case due to admitted land dispute. Both the parties
are co-sharers. The injuries sustained by the victims are
simple in nature.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
there is admitted land dispute between the parties and
both the parties are co-sharers, I am inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released 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 Additional Chief Judicial
Magistrate-II, Sherghati, Gaya, in connection with
Patna High Court CR. MISC. No.18926 of 2026(2) dt.16-04-2026
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Barachatti Police Station Case No. 280 of 2025, subject to
the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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