Patna High Court

Raghunandan YadavversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Bail is granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Raghunandan Yadav, was implicated in a case registered under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code for allegedly inciting the killing of an informant during a land‑dispute altercation. He contended that he merely shouted and was not directly involved in the assault, emphasizing his old age, clean criminal record and the four‑day delay in filing the FIR. The State opposed his bail application. The Court, after weighing the nature of the allegations, the petitioner’s antecedents and the procedural delay, ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was conditioned on surrender within six weeks to the Chief Judicial Magistrate, Madhepura.

Issues considered

Whether bail should be granted to the petitioner despite serious IPC charges including attempted murder and robbery.
Whether the four‑day delay in filing the FIR warrants denial of bail.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita is applicable for granting bail in this case.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506

Subjects

bail
Indian Penal Code
incitement
land dispute
Section 482
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
age
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26121 of 2026
                 Arising Out of PS. Case No.-198 Year-2019 Thana- KUMAR KHAND District- Madhepura
                 ======================================================
                 Raghunandan Yadav S/o Baso Yadav @ Wasudev Yadav R/o vill - ward no. 5,
                 Chakampa Maharajganjh 01, Jankinagar, Post - Chopra Ram Nagar, P.S.-
                 Jankinagar, Distt.- Purnea

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Ms. Pooja Prasad, Advocate
                                                  Mr. Rishi Sinha, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                             Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                        2. The petitioner apprehends his arrest in a case

                   registered under Sections 341, 323, 307, 379, 504, 506 and 34 of

                   the Indian Penal Code.

                                    3. As per the F.I.R., it is alleged that co-accused

                   Raghunandan Yadav assaulted the informant with Dabiya and

                   allegation against the petitioner is that he incited the crime by

                   shouting to kill the informant.

                                    4.     Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that

                   petitioner and informant are agnates and due to land dispute,
            Patna High Court CR. MISC. No.26121 of 2026(2) dt.22-04-2026
                                                        2/2




                      altercation took place. There is no specific allegation of assault

                      against the petitioner. There is delay of 4 days without any

                      plausible explanation. Petitioner is an old man, aged about 62

                      years, having no criminal antecedent and he undertakes to

                      cooperate in the investigation and trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                    6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, nature

                      of allegation against the petitioner and clean antecedent, let the

                      above named petitioner be released on bail, in the event of arrest

                      or surrender before the learned court below within a period of

                      six weeks from today, on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Madhepura in connection with Kumarkhand P.S. Case No. 198

                      of 2019, subject to the conditions as laid down under Section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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