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Patna High Court

Arvind Yadav @ Jagbali yadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNS.

Summary

The petitioners, Arvind Yadav, Radha Devi, Laxmi Yadav and Anita Devi, applied for anticipatory bail in connection with a case registered under multiple sections of the Bhartiya Nagarik Suraksha Sanhita (BNS) and Section 27 of the Arms Act, alleging they were involved in an armed assault, arson and theft on 6 November 2024. The prosecution alleged that the accused arrived armed, set fire to a wooden house, assaulted the informant’s mother and attempted to shoot the informant. The petitioners contended that they are innocent, have clean antecedents and that the allegations arise from a land dispute between the parties. The court observed that the injury to the informant was simple, the land dispute could be a motive for false implication, and the petitioners have no prior criminal record. Accordingly, the court exercised its power under Section 482(2) of the BNS and granted anticipatory bail subject to conditions of cooperation with investigation and verification of antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita in view of the alleged offences and the surrounding land dispute.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • arson
  • assault
  • Theft
  • Arms Act
  • Bhartiya Nagarik Suraksha Sanhita
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25175 of 2026
                   Arising Out of PS. Case No.-56 Year-2024 Thana- LARJHAGHAT District- Samastipur
                 ======================================================
           1.     Arvind Yadav @ Jagbali yadav Son of Late Tapeswhar yadav Resident of
                  Village -Tetrahi PS -Larjha Ghat Dist- Samastipur
           2.    Radha Devi Wife of Arvind yadav @ jagbali yadav Resident of Village
                 -Tetrahi PS -Larjha Ghat Dist- Samastipur
           3.    Laxmi Yadav Son of Late Tapeshwhar yadav Resident of Village -Tetrahi PS
                 -Larjha Ghat Dist- Samastipur
           4.     Anita Devi Wife of Laxmi Yadav Resident of Village -Tetrahi PS -Larjha
                  Ghat Dist- Samastipur
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raja Ram Mishra, Adv.
                 For the Opposite Party/s :      Mr.Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   29-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehends their arrest in

                   connection with Larjha Ghat, P.S.- Case no.56 of 2024,

                   registered for the offence under Section 191(2), 191(3), 190,

                   115(2), 118(1), 109(1), 74, 303(3), 352, 351(2) and 3 of BNS

                   and section 27 of Arms Act.

                                3. According to the prosecution case, on 06/11/2024 at

                   approximately 07:30 A.M., eight named accused individuals,

                   including the petitioners, arrived armed with weapons and set

                   fire to a wooden house and other articles on the informant's
Patna High Court CR. MISC. No.25175 of 2026(2) dt.29-04-2026
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          private land. It is further alleged that Anita Devi, Dholi Devi,

          and Radha Devi began abusing and assaulting the informant’s

          mother. Arvind Yadav reportedly pushed her to the floor, while

          Rishi Kumar snatched a gold chain valued at ₹80,000.

          Additionally, it is alleged that Dharmveer Raut struck the

          informant's mother on the head with an iron rod, causing a head

          injury. When the informant attempted to flee, Laxmi Yadav

          allegedly opened fire at him, though he sustained no firearm

          injuries. Upon hearing the gunfire, local residents rushed to the

          scene, causing all the named accused to flee away.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence and they

          have falsely been implicated in this case. Learned counsel for

          the petitioners further submits that there exist a land dispute

          between the parties claiming possession and title over a piece of

          land which has led to altercation between the parties. Learned

          counsel for the petitioners next submits that the injury sustained

          by the informant is simple in nature and all the petitioners have

          clean antecedent.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. From the perusal of the record, it appears that there
Patna High Court CR. MISC. No.25175 of 2026(2) dt.29-04-2026
                                            3/4




          exists a land dispute between the parties claiming possession

          and title over a piece of land which has led to altercation

          between the parties. The injury sustained by the informant is

          simple in nature. It, therefore, cannot be ruled out that the

          petitioners have been implicated for gaining traction in the land

          dispute case. All the petitioners have clean antecedent. Under

          these circumstances, I am inclined to grant privilege of

          anticipatory bail to the petitioner.

                       7. Accordingly, the petitioners above named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on

          anticipatory bail on their furnishing bail-bonds in the sum of

          Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned ACJM-I,

          Rosera, Samastipur.in connection with Larjha Ghat, P.S.- Case

          no.56 of 2024 subject to the conditions laid down under Section

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with

          following conditions:

                       (i)   the     petitioners       shall   co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioners and in case it is found that
          Patna High Court CR. MISC. No.25175 of 2026(2) dt.29-04-2026
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                    the petitioners have concealed their criminal antecedent, the

                    Court below shall take step for cancellation of bail bond of the

                    petitioners. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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