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Patna High Court

Rupesh Yadav @ Rupesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to prescribed conditions.

Summary

Petitioners Rupesh Yadav and Rajiv Yadav sought anticipatory bail fearing arrest in a case arising from a land dispute where the informant alleged assault during Chhath Puja. The FIR alleged that Ganesh Yadav caused injury, and he had already been granted anticipatory bail by a coordinate bench. The petitioners argued that no specific allegation of injury was made against them and that one of them had no criminal antecedent while the other was already on bail. The State opposed the bail. The High Court, noting the lack of specific charges against the petitioners and the prior bail to Ganesh Yadav, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in the absence of specific allegations against them.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • land dispute
  • assault
  • Chhath Puja
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20051 of 2026
                        Arising Out of PS. Case No.-106 Year-2025 Thana- Bathnaha District- Araria
                 ======================================================
           1.     Rupesh Yadav @ Rupesh Kumar Yadav Son of Late Lilanand Yadav R/o
                  Village - Palasi Ward no. 6, P.S. - Narpatganj, Distt. - Araria.
           2.    Rajiv Yadav @ Rajiv Kumar Yadav Son of Late Lilanand Yadav R/o Village
                 - Palasi Ward no. 6, P.S. - Narpatganj, Distt. - Araria.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   19-05-2026                        Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Bathnaha P.S. Case No.106 of 2025, F.I.R dated

                   28.10.2025 registered for the offences punishable under

                   Sections 115(2), 126(2), 118(1), 117(2), 109 and 61(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, in brief, is that the

                   informant, Suraj Kumar Yadav, lodged his fardbeyan on

                   28.10.2025 alleging that due to a long-standing land dispute,

                   while he was offering “Urga” during Chhath Puja at Parman

                   River, Sonapur, the accused persons assaulted him and Ganesh
Patna High Court CR. MISC. No.20051 of 2026(4) dt.19-05-2026
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          Yadav fired at him below the waist, causing injuries. It has

          further been alleged that the accused persons thereafter fled

          away from the place of occurrence on motorcycles.

                      4. Learned counsel for the petitioners submits that the

          specific allegation of causing injury is against Ganesh Yadav,

          who has already been extended the privilege of anticipatory bail

          application by a Co-ordinate Bench of this Court vide order

          dated 08.04.2026 passed in Cr. Misc. No.19740 of 2026 while

          there is nothing specific against these petitioners, who is said to

          have caused injury to any of the family members of the

          informant, namely, Suraj Kumar Yadav. Lastly, it has been

          submitted that the petitioner No.1 has no criminal antecedent

          while petitioner No.2 has one criminal antecedent but he is on

          bail in the said case.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that the specific allegation of causing injury is against Ganesh

          Yadav, who has already been extended the privilege of

          anticipatory bail application by a Co-ordinate Bench of this

          Court and there is nothing specific against these petitioners, who

          is said to have caused injury to any of the family members of
Patna High Court CR. MISC. No.20051 of 2026(4) dt.19-05-2026
                                            3/4




          the informant and the petitioner No.1 has no criminal antecedent

          while petitioner No.2 has one criminal antecedent but he is on

          bail in the said case. Accordingly, this Court is inclined to grant

          the privilege of anticipatory bail to the petitioners.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within a period

          of thirty days from the date of receipt of the order, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Chief Judicial Magistrate, Araria, in connection with

          Bathnaha P.S. Case No.106 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit to show his/her bona fide;

                       (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her/their bail bond by the Trial Court itself;

                       (iii) the petitioner(s) shall in no way try to induce or
           Patna High Court CR. MISC. No.20051 of 2026(4) dt.19-05-2026
                                                       4/4




                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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