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Patna High Court

Fuleshwar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Fuleshwar Yadav and Ramesh Yadav, were implicated in a FIR alleging assault, attempt to murder, and other offences under Sections 147, 149, 341, 323, 307, 354 and 504 of the IPC arising from a land dispute. They contended that the main accusation was against co‑accused Umesh Yadav and that they had no criminal antecedent. The State opposed their anticipatory bail application. The Court examined the FIR, noted the lack of direct allegations against the petitioners and their clean record, and found sufficient ground to grant anticipatory bail. Accordingly, the petitioners were released on anticipatory bail subject to a bail bond of Rs.10,000 each, two sureties, and compliance with conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including cooperation with the investigation and verification of any concealed criminal antecedent.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the circumstances of the FIR.
  • Whether the petitioners have sufficient grounds to claim innocence and lack of criminal antecedent.
  • Whether the FIR primarily implicates the co‑accused Umesh Yadav rather than the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Section 482
  • Bhartiya Nagarik Suraksha Sanhita
  • land dispute
  • criminal antecedent
  • assault
  • attempt to murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29911 of 2026
                      Arising Out of PS. Case No.-212 Year-2024 Thana- LAXMIPUR District- Jamui
                 ======================================================
           1.     Fuleshwar Yadav
           2.     Ramesh Yadav @ Raman Yadav
                  Both No.1 and 2 S/O Bahadur Yadav R/O Village- Karra, P.S- Laxmipur,
                  Dist.- Jamui.
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amar Prakash, Adv.
                 For the Opposite Party/s :       Mr.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Laxmipur P.S. Case No.212 of 2024 registered for the offence

                   under Sections 147, 149, 341, 323, 307, 354 and 504 of the IPC.

                                3. The prosecution's case, as stated in the F.I.R., is that

                   on 20.06.2024 at about 7:00 P.M., while the informant was at his

                   house, the accused persons named in the F.I.R., arrived there

                   variously armed and started abusing him in filthy language. It is

                   further alleged that the co-accused, Umesh Yadav, with the

                   intention to kill the informant, assaulted him on the head with a

                   "Tangi", causing a head injury that resulted in bleeding and caused

                   him to fall to the ground. Thereafter, Fuleshwar Yadav assaulted

                   the informant with a lathi, while the other accused persons
Patna High Court CR. MISC. No.29911 of 2026(2) dt.06-05-2026
                                            2/3




          assaulted him with fists and slaps. Furthermore, when the

          informant's son and daughter-in-law came to his rescue, the

          accused persons also assaulted them, causing injuries. The motive

          behind the occurrence has been attributed to a land dispute.

          Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and has committed no offence and they

          have falsely been implicated in this case. Learned counsel for the

          petitioners next submit that the main allegation is against co-

          accused, Umesh Yadav and not on the petitioner. Learned counsel

          for the petitioners next submits that the incident happened on

          account of there being a land dispute between the parties and the

          petitioners also do not have any criminal antecedent.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. From the careful reading of the allegations levelled in

          the FIR, it appears that the main allegation is against co-accused,

          Umesh Yadav and not on the petitioner. It also appears that the

          incident happened on account of there being a land dispute

          between the parties. The petitioners also do not have any criminal

          antecedent. Under these circumstances, this Court is inclined to

          grant privilege of anticipatory bail to the petitioners.

                       7. Accordingly, the petitioners above named, in the
          Patna High Court CR. MISC. No.29911 of 2026(2) dt.06-05-2026
                                                      3/3




                    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 Judicial

                    Magistrate, Ist Class, Jamui in connection with Laxmipur P.S.

                    Case No.212 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

                    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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