Patna High Court
Ganesh Yadav @ Domu Yadav @ Domi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 3(5), 352, 74
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
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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
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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
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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/-
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