Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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