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Patna High Court

Chandan Yadav @ Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Chandan Yadav, sought anticipatory bail after being implicated in a case (Fatehpur P.S. Case No. 741 of 2025) alleging assault on the informant’s son with an iron rod and outraging the modesty of the informant’s daughter‑in‑law. The prosecution described a violent incident on 12‑Nov‑2025 where the accused, armed with lathis and iron rods, attacked the family, causing serious injury. The petitioner claimed innocence, alleged a four‑day delay in filing the FIR and a land dispute motive. The State opposed the bail, emphasizing the specific and serious nature of the allegations. The court, noting the gravity of the charges, declined to grant anticipatory bail. Consequently, the bail petition was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under Sections 126(2), 115(2), 117(2), 109, 303(2), 76 and 3(5) of the BNS.

Legislation cited

  • BNS — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 76

Subjects

  • anticipatory bail
  • assault
  • outraging modesty
  • criminal procedure
  • bail denial
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21018 of 2026
                       Arising Out of PS. Case No.-741 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Chandan Yadav @ Chandan Kumar Son of Mahendra Yadav Resident of
                 Village- Meyari, P.S.- Fatehpur, District- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar
                 For the Opposite Party/s :       Mr.Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Fatehpur P.S. Case No. 741 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 117(2), 109,

                   303(2), 76, 3(5) of BNS.

                                3. The prosecution case, in brief, is that on 12.11.2025

                   at about 5:15 P.M., the informant was at his house with his

                   family when all the named accused persons arrived armed with

                   lathi, danda, and iron rods and started abusing and assaulting

                   the informant’s son, Krishna Yadav. When other family

                   members intervened, they were also beaten. The petitioner

                   assaulted Krishna Yadav on his head, causing him to fall

                   unconscious, while co-accused Kamleshwari Devi assaulted the
           Patna High Court CR. MISC. No.21018 of 2026(2) dt.08-04-2026
                                                       2/2




                     informant’s daughter-in-law with bricks and thereafter, the

                     petitioner outraged her modesty.

                                  4. The learned counsel for the petitioner submits that

                     the petitioner is innocent and has falsely been implicated. There

                     is delay of four days in lodging the FIR. There is land dispute

                     between the parties.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6. There is direct specific allegation against the

                     petitioner Chandan Yadav @ Chandan Kumar of having

                     assaulted the informant’s son with iron rod and of outraging the

                     modesty of the informant’s daughter-in-law. Considering the

                     seriousness of the allegation, I am not inclined to grant privilege

                     of anticipatory bail to the petitioner.

                                  7. Accordingly, the bail petition is rejected.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T


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