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Patna High Court

Agin Yadav @ Agin Kumar Yadav @ BabajeeversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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