Patna High Court
Anmol YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
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The court dismissed the petition as withdrawn against Anmol Yadav and granted bail to Surendra Yadav subject to conditions under Section 482(2) of the BNSS.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of the petition and requested to withdraw his part of the petition, which the court allowed, dismissing his petition as withdrawn.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- Whether the petition filed by Anmol Yadav can be withdrawn after his arrest.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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2)
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
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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
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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
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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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