Patna High Court
Devilal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petitioners' application for anticipatory bail, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, three members of the Yadav family, sought anticipatory bail after being implicated in a violent assault case (Kateya P.S. Case No. 638 of 2025) involving alleged attacks on an informant and his relatives, with charges under several sections of the Bharitya Nagrik Suraksha Sanhita (B.N.S.). The prosecution alleged that the petitioners, along with co‑accused, used lethal weapons to assault the informant, his nephews, and a woman, resulting in injuries. The petitioners contended that they were falsely implicated due to a land dispute and that two of them have clean records, while the third has a pending case. The State’s Additional Public Prosecutor opposed the grant of anticipatory bail. The court, after considering the facts and the nature of the allegations, ordered that the petitioners be granted anticipatory bail upon surrender within six weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S., and imposed standard conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita despite the serious nature of the alleged offences.
Subjects
- anticipatory bail
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- criminal assault
- land dispute
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19802 of 2026
Arising Out of PS. Case No.-638 Year-2025 Thana- KATEYA District- Gopalganj
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1. Devilal Yadav S/o Dangal Yadav R/o Village - Padriya, P.S - Kateya, District
- Gopalganj
2. Godhan Yadav S/o Late Yadubir Yadav R/o Village - Padriya, P.S - Kateya,
District - Gopalganj
3. Bhoj Yadav S/o Godhan Yadav R/o Village - Padriya, P.S - Kateya, District -
Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The Petitioners are apprehending their arrest in
connection with Kateya P.S. Case No. 638 of 2025 registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 303(2) and 3(5) of the B.N.S.
3. As per the prosecution case, on 19.11.2025 at
about 9:30 P.M., the petitioners along with six co-accused
persons as well as 5 to 7 unknown miscreants came variously
armed with lethal weapons at the land of the informant and
started abusing him. On being protested, co-accused Rajendra
Patna High Court CR. MISC. No.19802 of 2026(2) dt.08-04-2026
2/3
Bhagat caught hold the informant while co-accused Pramod
Bhagat and Dangal Yadav assaulted by means of farsa. When
the nephew of the informant Abhishek came to rescue him, the
accused persons also assaulted him on his head as a result of
which blood started oozing out and he fell on the ground and
another nephew Vivek Kumar was also assaulted by means of
iron rod and axe. Thereafter, Pratima Devi came to rescue them,
accused persons also assaulted her and co-accused Bihari Yadav
snatched Mangal Sutra from her neck. When another nephew of
the informant Nikhil came to save them, he too was assaulted by
accused persons and co-accused Sonu Yadav snatched his
mobile phone. On hulla, villagers gathered then all the accused
persons ran away, threatening to kill the informant and his
family members.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been
implicated in this case due to land dispute. It has further been
submitted that there is general and omnibus allegation against
the petitioners and there is case and counter case between the
parties bearing Vijaypur P.S Case No. 639 of 2025 and the
parties are agnates. Lastly, it has been submitted that the
petitioner nos. 1 and 2 have clean criminal antecedent whereas
Patna High Court CR. MISC. No.19802 of 2026(2) dt.08-04-2026
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the petitioner no. 3 has one criminal antecedent in which he is
on bail as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioners, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, Gopalganj in connection with Kateya P.S. Case No.
638 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharitya Nagrik Suraksha Sanhita
(B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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