Patna High Court
Agin Yadav @ Agin Kumar Yadav @ BabajeeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Agin Yadav, sought anticipatory bail fearing arrest in a 2021 case (PS No.53) involving alleged offences under IPC sections 341, 323, 324, 307, 504, 506/34 arising from a land dispute. The prosecution alleged that the accused assaulted the informant's family, while the petitioner claimed innocence and argued that the allegations were vague and that a counter‑case existed in which a person died on the petitioner’s side. The State opposed the bail application. The court examined the facts, the seriousness of the alleged offences, and the possibility of the petitioner’s arrest, and decided to grant anticipatory bail. The order directed the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the BNSS. The bail was granted subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC.
- Whether the prosecution’s allegations constitute sufficient ground to deny anticipatory bail.
- Whether Section 482(2) of the BNSS can be invoked to impose conditions on the anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 341, 504, 506/34
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- BNSS
- land dispute
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2093 of 2026
Arising Out of PS. Case No.-53 Year-2021 Thana- BHEJA District- Madhubani
======================================================
Agin Yadav @ Agin Kumar Yadav @ Babajee S/O Late Ravi Yadav R/O Vill-
Kariyadhant, P.S- Bheja, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bheja P.S. Case No. 53 of 2021 registered for offences under
Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal
Code.
3. As per the prosecution case, due to land dispute, all
the named accused persons assaulted the family members of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
He further submits that there are general and omnibus
allegations against the petitioner of having assaulted the victim.
There is a case and countercase also in which one person has
Patna High Court CR. MISC. No.2093 of 2026(2) dt.24-02-2026
2/2
died from the side of the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned A.C.J.M.-II,
Jhanjharpur, Madhubani/concerned Court below in connection
with Bheja P.S. Case No. 53 of 2021 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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