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Patna High Court

Ganesh Yadav @ Domu Yadav @ Domi YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Ganesh Yadav and Vimal Yadav, applied for anticipatory bail in a case alleging offences under Sections 126(2), 115(2), 74, 303(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR was lodged a month after the alleged incident, and the petitioners claimed they were falsely implicated due to a long‑standing land dispute with the informant’s family. The court noted the agnatic relationship between the parties, the unexplained delay in filing the FIR, and the existence of a counter‑complaint filed by the petitioners. Considering these factors, the court was inclined to protect the petitioners from arrest. Consequently, the application for anticipatory bail was allowed, directing the petitioners to furnish bail bonds of Rs 10,000 with two sureties each, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners given the alleged offences and the delay in lodging the FIR
  • Whether the petitioners were falsely implicated due to a pre‑existing land dispute

Legislation cited

Subjects

  • anticipatory bail
  • FIR delay
  • land dispute
  • false implication
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2354 of 2026
                    Arising Out of PS. Case No.-100 Year-2025 Thana- MANIGACHI District- Darbhanga
                 ======================================================
           1.     Ganesh Yadav @ Domu Yadav @ Domi Yadav S/O Vimal Yadav Resident of
                  Village- Bhattpura, P.S.- Manigachhi, Dist.- Darbhanga
           2.     Vimal Yadav S/O Late Thakai Yadav Resident of Village- Bhattpura, P.S.-
                  Manigachhi, Dist.- Darbhanga
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Iqbal Asif Niazi
                 For the Opposite Party/s :        Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026         1.   Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Manigachhi Police Station Case No. 100 of 2025,

                            dated 11.07.2025, disclosing offences punishable under

                            Sections          126(2)/115(2)/74/303(2)/352/3(5)           of     the

                            Bhartiya Nyaya Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 11.06.2025, when the informant was sleeping in

                            her home, the petitioner no. 1 entered into the house of

                            the informant, started abusing and molesting her. He also

                            torn the blouse and saree and outraged the modesty of the

                            informant. When the informant made noise, the petitioner
Patna High Court CR. MISC. No.2354 of 2026(2) dt.28-01-2026
                                            2/3




                   no. 2 and his son, Shivam Yadav, arrived at the place of

                   occurrence and they together assaulted the informant and

                   her family members.

              4.   Learned Counsel for the petitioners submits that the

                   petitioners have falsely been implicated in this case due to

                   long standing land dispute between them. There is delay

                   of about one month in lodging the First Information

                   Report inasmuch as the occurrence has taken place on

                   11.06.2025, but the First Information Report has been

                   lodged on 11.07.2025. Both the parties are agnates and

                   there is previous civil dispute between them. Prior to the

                   present First Information Report, the petitioner no. 1 had

                   lodged Manigachhi Police Station Case No. 92 of 2025 on

                   204.06.2025 against the informant’s husband and her

                   family members alleging therein that the petitioner no. 1

                   was assaulted by the accused persons in which he

                   sustained injury. A copy of the injury caused to the

                   petitioner no. 1 has been annexed as Annexure P/3 to this

                   application. After lodging of the First Information Report

                   by the petitioner no. 1, the present First Information

                   Report as well as a complaint case has been lodged by the

                   informant and the daughter-in-law of the informant
            Patna High Court CR. MISC. No.2354 of 2026(2) dt.28-01-2026
                                                        3/3




                               respectively, as a counter blast.

                          5.   Regards being had to the submissions advanced on behalf

                               of the parties and taking into consideration the fact that

                               both the parties are agnates having land dispute, case and

                               counter case is also there and there is unexplained delay

                               of about one month in lodging the present First

                               Information Report, I am inclined to grant the petitioners

                               privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7.   Let the petitioners, above named, in the event of their

                               arrest or surrender before the Court below within a period

                               of four weeks from today, be released on bail on

                               furnishing bail bonds of Rs. 10,000/- (ten thousand) each

                               with two sureties of the like amount each to the

                               satisfaction of learned 6th Additional Chief Judicial

                               Magistrate, Darbhanga, in connection with Manigachhi

                               Police Station Case No. 100 of 2025, subject to the

                               condition laid down under Section 482 (2) of the

                               Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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