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Patna High Court

Anmol YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court dismissed the petition as withdrawn against Anmol Yadav and granted bail to Surendra Yadav subject to conditions under Section 482(2) of the BNSS.

Summary

The petition was filed by brothers Anmol Yadav and Surendra Yadav seeking relief in a criminal case arising from a land dispute. Anmol Yadav was arrested during the pendency of the petition and requested to withdraw his part of the petition, which the court allowed, dismissing his petition as withdrawn. Surendra Yadav feared arrest in connection with offences under several sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault on an informant’s family. The court, after hearing both sides and noting the doubtful nature of the allegations and the background land dispute, granted Surendra Yadav bail on a Rs.10,000 bond with two sureties and specific conditions, invoking Section 482(2) of the BNSS. The order also stipulated the petitioner’s presence in court as required.

Issues considered

  • Whether the petition filed by Anmol Yadav can be withdrawn after his arrest.
  • Whether bail should be granted to Surendra Yadav under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offences.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • land dispute
  • assault
  • Section 482
  • withdrawal of petition
  • high court
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29951 of 2026
                       Arising Out of PS. Case No.-145 Year-2025 Thana- FULKAHA District- Araria
                 ======================================================
           1.     Anmol Yadav S/O Ram Sundar Yadav Resident of village - Nababganj,
                  Ward No. - 08, P. S. Fulkaha, Dist-Araria
           2.    Surendra Yadav @ Suren Yadav Son of Ram Sundar Yadav Resident of
                 village - Nababganj, Ward No. - 08, P. S. Fulkaha, Dist-Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   06-05-2026                  Learned counsel for the petitioner submits that

                   petitioner no. 1, Anmol Yadav, has been arrested during the

                   pendency of the present petition and he seeks permission to

                   withdraw the petition as against petitioner no. 1.

                                2. Permission is accorded.

                                3. Accordingly, the present petition stands dismissed

                   as withdrawn against petitioner no. 1, Anmol Yadav.

                                4. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                5. In the present case, the petitioner, Surendra Yadav

                   @ Suren Yadav is apprehending his arrest in connection with

                   Fulkaha P.S. Case No. 145 of 2025 registered for the alleged
Patna High Court CR. MISC. No.29951 of 2026(2) dt.06-05-2026
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          offence under Sections 126(2), 115(2), 118(1), 109, 303(2), 352,

          351(2), (3), 3(5) of Bharatiya Nyaya Sanhita, 2023.

                       6. As per prosecution case, petitioner no. 2 and other

          co-accused persons in the background of land dispute, assaulted

          the informant, her husband and her sons causing injuries to

          them.

                       7. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. The husband of the informant and the father of the

          petitioner no. 2 are own brothers. There is land dispute between

          them and for the same occurrence, Fulkaha P.S. Case No. 146 of

          2025 has been instituted by the sister of the petitioner as the

          informant side tried to forcibly cultivate the land of the

          petitioner. A number of persons from the petitioner’s side

          received injuries which are unexplained. Learned counsel

          further submits that the specific allegation against the petitioner

          is that he along with one Birendra Yadav gave farsa and dabiya

          blow on the head of the husband of the informant. Same

          allegation is also against co-accused, Anmol Yadav, that he

          inflicted a cut injury on the head of the husband of the informant

          with dabiya. This co-accused has already been arrested. Learned

          counsel further submits that the husband of informant has
Patna High Court CR. MISC. No.29951 of 2026(2) dt.06-05-2026
                                            3/4




          received altogether six injuries, one sharp cut wound on frontal

          head and another sharp cut would on upper left head and the

          allegation for that is against three persons. The other injuries are

          swelling and tenderness. Learned counsel further submits that

          there was no intention to cause death of any person. The

          petitioner is having antecedent of three cases but all the cases

          have been filed by the informant side.

                       8. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       9. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          background of land dispute and doubtful nature of allegation

          against the petitioner, let the petitioner above named, in the

          event of his arrest or surrender before the court concerned

          within a period of eight weeks from today, be released on bail,

          on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand

          Only) with two sureties of the like amount each to the

          satisfaction of learned Judicial Magistrate 1st Class, Araria/court

          concerned in connection with Fulkaha P.S. Case No. 145 of

          2025, subject to the condition laid down under Section 482(2) of

          BNSS and other following conditions:

                             (i) One of the bailors will be a close relative of
           Patna High Court CR. MISC. No.29951 of 2026(2) dt.06-05-2026
                                                       4/4




                                        the petitioner.

                                        (ii) The petitioner will remain present on each

                                        and every date fixed by the court below, if so

                                        required by the learned trial court.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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