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Patna High Court

Surendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to bond, sureties and compliance with conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioners Surendra Yadav, Sobha Devi and Navin Kumar were named in an FIR for assaulting an informant and his family in a land‑dispute context, with injuries including a fractured hand, alleged under multiple IPC sections. They applied for anticipatory bail, arguing that the FIR’s allegations were vague, general and inconsistent with the case diary, and that they have clean antecedents. The State opposed the bail. The court examined the discrepancies between the FIR and the restatement, and considered the seriousness of the offences. It held that the petitioners could be released on bail if they surrendered within four weeks, provided they furnish a bail bond and sureties, and comply with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. Consequently, anticipatory bail was granted subject to those conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging multiple serious offences.
  • Whether the inconsistencies between the FIR and the case diary affect the merit of the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • land dispute
  • Indian Penal Code
  • Criminal Procedure Code
  • BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20867 of 2025
                          Arising Out of PS. Case No.-146 Year-2024 Thana- ATRI District- Gaya
                 ======================================================
           1.     Surendra Yadav son of Late Devnand Yadav @ Devnandan Yadav Resident
                  of Village- Imaliyachak PS- Atri, Dist- Gaya
           2.    Sobha Devi Wife of Surendra Yadav Resident of Village- Imaliyachak PS-
                 Atri, Dist- Gaya
           3.     Navin Kumar Son of Surendra Yadav Resident of Village- Imaliyachak PS-
                  Atri, Dist- Gaya
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Rabia Gulnaz, Adv
                 For the Opposite Party/s :       Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   13-01-2026                     Heard the parties.

                                   2. The accused/petitioners are named in the F.I.R.

                   and apprehending their arrest in connection with Atri P.S. Case No.

                   146 of 2024 registered for the offences punishable under Sections

                   147, 341, 323, 325, 379, 307, 504, 506 and 34 of the Indian

                   Penal Code.

                                   3.    As per FIR, petitioners along with other co-

                   accused persons assaulted informant and other by using lathi and

                   iron rod causing fracture in the right hand, injury on head and

                   other bodily parts of the informant. Other family members of the

                   informant also alleged to received injuries during the occurrence

                   which was alleged with an intention to cause death, alleged
Patna High Court CR. MISC. No.20867 of 2025(5) dt.13-01-2026
                                            2/3




          occurrence took place in the background of land dispute.

                          4. Learned counsel appearing on behalf of the

          petitioners submitted that present occurrence took place in the

          background of land dispute and through FIR informant raised

          allegation as to assault on the right hand of the informant by using

          lathi causing fracture, but upon perusal of restatement as available

          in para no. 8 of the case diary, it appears that allegation of

          physical assault is appearing very much general and omnibus in

          nature as it was stated that during the occurrence his right hand

          was fractured without stating any specific allegation as stated

          through FIR qua these petitioners. While concluding the argument

          learned counsel submitted that all petitioners are of clean

          antecedent.

                          5. Learned APP appearing on behalf of the State,

          opposes the prayer for anticipatory bail.

                       6. In view of aforesaid facts and circumstances and by

          taking note of the fact as allegation qua physical assault as stated

          through restatement as discussed aforesaid having deviations with

          the allegations of FIR with same author/injured, accordingly all

          above named petitioners, in the event of their arrest or surrender

          before the learned trial court within a period of four weeks, are

          directed to be released on bail, furnishing bail bond of Rs.10,000/-
               Patna High Court CR. MISC. No.20867 of 2025(5) dt.13-01-2026
                                                           3/3




                         (Rupees Ten Thousand) each with two sureties of the like amount

                         each to the satisfaction of the learned CJM, Gaya/concerned trial

                         court where the case is pending in connection with Atri P.S. Case

                         No. 146 of 2024 subject to the conditions as laid down under

                         Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.


                                                           (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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