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Patna High Court

Rabindra Yadav @ Rabindra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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