Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the ingredients of Section 307 IPC were not made out and therefore granted bail to the petitioners.
Summary
Petitioners Sanjay Yadav and Ranjan Yadav were arrested in connection with a family dispute that led to assaulting the informant's husband with a lathi, kulhadi and garasa, and were charged under multiple sections of the Indian Penal Code including 307 (attempt to murder). They argued that the FIR was lodged two days after the incident, the injuries were caused by blunt objects rather than sharp weapons, and they had no prior criminal record. The State opposed bail, citing the seriousness of the offences. The court examined the facts, noted the petitioners were agnates of the informant, and concluded that the essential ingredients of Section 307 were not established. Consequently, the bail application was allowed, and the petitioners were ordered to be released on bail with a bond of Rs. 10,000 each and two sureties.
Issues considered
- Whether the ingredients of Section 307 IPC are established against the petitioners
- Whether bail should be granted despite the nature of the offences and the delay in filing the FIR
- Whether the familial relationship between the petitioners and the informant affects the bail decision
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 341, 427, 504, 506
Subjects
- bail
- Indian Penal Code
- assault
- attempt to murder
- family dispute
- delay in FIR
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25885 of 2026
Arising Out of PS. Case No.-111 Year-2024 Thana- HASPURA District- Aurangabad
======================================================
1. Sanjay Yadav S/o Late Suresh Yadav R/o Village - Jhokhaura, P.S - Haspura,
District - Aurangabad
2. Ranjan Yadav S/o Parshuram Yadav R/o Village - Jhokhaura, P.S - Haspura,
District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Haspura P.S. Case No. 111 of 2024 registered for the offence
punishable under Sections 147, 148, 149, 341, 323, 324, 325,
307, 427, 504, 506 of the Indian Penal Code.
3. As per the prosecution case, the allegation against
the petitioners is that of assaulting the husband of the informant
by means of lathi, kulhadi and garasa.
4. The learned counsel for the petitioners submits that
the present incident took place on account of a dispute between
the members of the same family, who happen to be agnates. It
has been submitted that there is a delay of two days in lodging
of the First Information Report for which no explanation has
been tendered. So far as the allegation of assault is by sharp
edged weapons but the injuries were found to be caused by hard
Patna High Court CR. MISC. No.25885 of 2026(2) dt.20-04-2026
2/2
and blunt substance. The petitioners are in custody since
20.01.2026 with no criminal antecedent.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioners are
the agnates of the informant and her husband and the ingredients
of Section 307 of the I.P.C. would not be made out against them,
coupled with the fact that they are in custody since 20.01.2026
with no criminal antecedent, this application is allowed.
7. Let the above named petitioners, be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1st Class,
Daudnagar, Aurangabad/concerned Court below in connection
with Haspura P.S. Case No. 111 of 2024.
(Sandeep Kumar, J)
Vikas/-
U
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