Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that, given the petitioner’s clean antecedent and the circumstances of the case, anticipatory bail should be granted subject to prescribed conditions.
Summary
The petitioner, Vijay Yadav, applied for anticipatory bail after an FIR was lodged alleging his involvement in a violent quarrel that resulted in assaults and an attempt to cause death, invoking Sections 341, 323, 307, 504, 506 and 34 of the IPC. He claimed innocence, alleging that the case was politically motivated and that the dispute stemmed from a fight between the children of the parties, with no specific allegation against him. The State opposed the bail, but the court noted the petitioner’s clean antecedent and the lack of serious injury to the alleged victim. Considering these factors, the court inclined to grant anticipatory bail, imposing a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail was ordered subject to cooperation with investigation and verification of any concealed criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the offences alleged under the IPC.
- Whether the nature of the alleged offences and the alleged injuries justify denial of anticipatory bail.
- Whether alleged political victimisation impacts the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- political victimisation
- bail conditions
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29903 of 2026
Arising Out of PS. Case No.-70 Year-2024 Thana- BANDHUWA KURAWA District- Banka
======================================================
Vijay Yadav S/o Doman Yadav R/o Village- Palar, P.S- Bandhua Kuraba, Dist-
Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhakar Kumar, Adv.
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Bandhua Kurava P.S. Case No.70 of 2024 registered for the
offence under Sections 341, 323, 307, 504, 506 and 34 of the
IPC.
3. According to the prosecution's case, on 28/06/2024
at about 05:00 PM, a quarrel broke out. During this time, the
accused person's children used filthy, abusive language against
the informant and assaulted the informant's son-in-law, Sanjay
Yadav, with sticks (lathi and danda). When the informant's
daughter came to rescue Sanjay Yadav, the accused assaulted
Bhagwati Devi with fists and kicks. During the altercation,
Kamal Yadav struck the informant's daughter on the head with a
lathi, with the intention to cause death.
Patna High Court CR. MISC. No.29903 of 2026(2) dt.06-05-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence; rather, he
has been falsely implicated in this case due to local politics. It is
further submitted that the dispute between the parties originated
from a quarrel among the children of both sides, and there is no
specific allegation against the petitioner, but only general and
omnibus allegations. Learned counsel next submits that both
parties are neighbour residing in the same village.
5. The learned APP opposes the anticipatory bail
application.
6. From perusal of the FIR, it appears that the incident
happened on the basis of quarrel amongst the children of both
the parties and the petitioner is said to have assaulted Sanjay
Yadav, son-in-law of the informant, which does not appear to
have resulted in serious injury. The petitioner has clean
antecedent. Under these circumstances, this Court is inclined to
grant privilege of anticipatory bail to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.29903 of 2026(2) dt.06-05-2026
3/3
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Banka in connection with Bandhua Kurava P.S.
Case No.70 of 2024 subject to the conditions laid down under
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with following conditions:
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. 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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