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Patna High Court

Vijay YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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