Patna High Court
Vakil Yadav @ Okil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is appropriate where the allegations are vague and the petitioners' involvement is not clearly established, and therefore bail is granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Vakil Yadav and Bipin Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 329(4), 352, 351, 115(2), 3(5) and 109 of the Bharatiya Nyaya Sanhita for allegedly attacking an informant’s side in a land‑dispute. The FIR alleged that the accused, including the petitioners, forcibly dispossessed the informant and caused injuries, but the petitioners contended that the specific assault with a spade was committed by a co‑accused, Lattu Yadav, and that the allegations against them were general. The State opposed the bail application. The Court examined the nature of the accusations, the lack of specific evidence linking the petitioners to the assault, and the circumstances of the land‑dispute. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court allowed anticipatory bail, directing that if arrested within eight weeks they may be released on a bail bond of Rs 10,000 with two sureties. The order is subject to the conditions prescribed by the Chief Judicial Magistrate, Jamui.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the petitioners' alleged involvement in the assault and land‑dispute is sufficiently established to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 329(4), 3(5), 351, 352
Subjects
- anticipatory bail
- land dispute
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.192 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- MOHANPUR District- Jamui
======================================================
1. Vakil Yadav @ Okil Yadav S/O Gobardhan @ Gobardhan Yadav R/o -
Maghi, P.S - Mohanpur, District - Jamui.
2. Bipin Kumar @ Bipin Yadav S/O Vakil Yadav R/o - Maghi, P.S - Mohanpur,
District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 329(4), 352, 351, 115(2),
3(5), 109 of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., all the named accused persons,
including these petitioners, attacked informant’s side to forcibly
dispossess them from the dispute land, resulting in injuries to
several persons.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. On
account of land dispute between the parties, simple altercation
Patna High Court CR. MISC. No.192 of 2026(2) dt.20-01-2026
2/2
took place in which both sides sustained injuries. Specific
accusation of assault with spade is against co-accused Lattu
Yadav. So far these petitioners are concerned, allegation of
assault is general and omnibus. Case and counter case.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their arrest/surrender before the court below within a period
of eight weeks from today, be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of Chief Judicial
Magistrate, Jamui in connection with Mohanpur P. S. Case No.
85 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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