Patna High Court
Rabindra Yadav @ Rabindra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petitioners’ anticipatory bail application subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioners, Rabindra Yadav and Arun Yadav, were accused of assaulting Chhatiya Devi with an iron rod, causing her to lose consciousness, in the context of a land dispute. They faced charges under several sections of the B.N.S., including 115(2), 126(2), 109(1), 117(2), 303(2), 352, 351(2) and 3(5). The petitioners sought anticipatory bail, arguing the injury was simple, there was no pre‑meditation, and the incident occurred suddenly. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S. given the nature of the offences and surrounding circumstances.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- land dispute
- Section 482
- B.N.S.
- High Court
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20060 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- AMJOR District- Rohtas
======================================================
1. Rabindra Yadav @ Rabindra Singh Son of Brij Yadav @ Rambrich Yadav
R/o Village - Nayagaon, P.S. - Amjhor, Dist. - Rohtas.
2. Arun Yadav @ Arun Kumar Son of Brij Yadav @ Rambrich Yadav R/o
Village - Nayagaon, P.S. - Amjhor, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
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 a
case in connection with Amjhor P.S. Case No. 109 of 2025 dated
20.11.2025 registered for the offences punishable under
Sections 115(2), 126(2), 109(1), 117(2), 303(2), 352, 351(2) and
3(5) of the B.N.S.
3. As per the allegation, these two petitioners are
alleged to have assaulted on the head of injured Chhatiya Devi
with iron rod due to which she became unconscious and fell on
the ground.
4. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.20060 of 2026(2) dt.08-04-2026
2/2
that petitioners are agnates and there is land dispute between the
parties. It has further been submitted that the occurrence took
place in the backdrop of land dispute and the injury sustained by
the injured Chhathiya Devi is simple in nature. It has further
been submitted that there is no premeditation to kill as the
occurrence took place suddenly. It has further been submitted
that petitioners have got one criminal antecedent.
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, 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, Rohtas in connection with Amjhor P.S. Case No. 109
of 2025, subject to conditions as laid down under section 482(2)
of the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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