Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to conditions under Section 482(2) of the BNSS, 2023.
Summary
The petitioners, four members of the Yadav family, sought bail fearing arrest in a criminal case (Amas P.S. Case No. 202 of 2025) filed under several sections of the BNS, 2023. The prosecution alleged that the petitioners obstructed the informant’s passage by placing pillars and assaulted the informant and his son, causing injuries. The petitioners contended they were falsely implicated, highlighted the absence of any injury report against the informant, cited a clean antecedent, and pointed to a counter‑case they had filed against the informant’s side. The State opposed the bail application. Considering the land‑dispute background, the possibility of false implication, and the petitioners’ clean record, the court ordered their release on bail with a bond of Rs.10,000 each and two sureties, subject to conditions under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether bail should be granted to the petitioners pending trial in view of the allegations of assault and the possibility of false implication.
Legislation cited
- BNS, 2023 — s. 110, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
- BNSS, 2023 — s. 482(2)
Subjects
- bail
- false implication
- land dispute
- criminal procedure
- Section 482
- BNS
- criminal trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24050 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- AMAS District- Gaya
======================================================
1. Vijay Yadav S/o Jagdish Yadav
2. Ajay Yadav S/o Jagdish Yadav
3. Vinay Yadav S/o Jagdish Yadav
4. Sanju Kumar S/o Vijay Yadav
All are residents of village- Gangati, P.S.- Amas, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are apprehending
their arrest in connection with Amas P.S. Case No. 202 of 2025
registered under Section 126(2), 117(2), 115(2), 110, 303(2),
351(2), 351(3), 352, 3(5) of BNS, 2023.
3. As per prosecution case, the petitioners started
putting pillars in the passage of the informant and when their act
was opposed by the informant, they assaulted the informant and
his son causing injuries to them.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.24050 of 2026(2) dt.24-04-2026
2/3
case. Though there is allegation against the petitioner Vinay
Yadav that he gave blow of sabal on the head of the informant
causing injury to him, but no such injury report has been
brought on record. This fact is supported by the rejection order
of the learned Additional Sessions Judge-1, Sherghati wherein
no injury of the informant or his son has been mentioned. The
learned counsel further submits that it is case of false
implication as the informant’s side is assailant and they
assaulted the petitioners and the injuries of the petitioners have
been brought on record. The petitioners’ side has lodged Amas
P.S. Case No.201/2025 under Sections 126(2), 115(2), 117(2),
110, 351(2), 352(2), 3(5) of BNS against the informant’s side.
This case has been lodged as a counterblast in order to
pressurize the petitioners. The petitioners are having clean
antecedent.
5. Learned APP vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
background of land dispute, the counter version of the
petitioners’ side and further considering the clean antecedent of
the petitioners and possibility of false implication, let the
Patna High Court CR. MISC. No.24050 of 2026(2) dt.24-04-2026
3/3
petitioners above named, in the event of their arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Sherghati, Gaya, in connection with Amas
P.S. Case No. 202 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS, 2023 and other following
conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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