Patna High Court
Arvind Yadav @ Jagbali yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Arms Act — s. 27
- Bhartiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 118(1), 190, 191(2), 191(3), 3, 303(3), 351(2), 352, 482(2), 74
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
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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
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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
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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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