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Patna High Court

Rajesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties of equal amount.

Summary

Petitioner Rajesh Yadav applied for anticipatory bail fearing arrest in a complaint case (No. 1320 of 2023) that alleged his participation in assault, threats, and theft under multiple IPC sections and the Daain Act. The prosecution alleged that the petitioner, along with others, attacked the complainant, pressed her neck, and a co‑accused took a gold chain from her. The petitioner contended that he was falsely implicated due to a local road‑dispute and that no criminal antecedent existed. The State opposed the bail, while the complainant’s counsel emphasized the direct allegations against the petitioner. The Court, noting that cognizance had been taken only against the petitioner, his clean record, and the need to prevent undue hardship, ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious allegations under the IPC and Daain Act.
  • Whether the fact that cognizance was taken only against the petitioner, and his lack of prior criminal record, warrants bail.
  • What conditions, if any, should be imposed on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Indian Penal Code
  • Daain Act
  • false implication
  • village dispute
  • surety
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3024 of 2026
                  Arising Out of PS. Case No.-1320 Year-2023 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Rajesh Yadav, Son of Umesh Yadav @ Umesh Prasad Yadav, Resident of
                 Village - Sonbigha, P.S.- Tankuppa, District - Gaya.

                                                                                ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Aasha Devi, D/o Rajendra Yadav, Resident of Village- Sonbigha, P.S.-
                 Tankuppa, District - Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner         :       Mr. Gajendra Kumar Singh, Advocate
                 For the State              :       Mr. Abhay Kumar, APP
                 For the O.P. No.2          :       Mr. Akash Kumar Mishra, Advocate
                                                    Mr. Abhay Kumar Singh, Advocate
                                                    Mr. Rakesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   22-04-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P.      for    the       State   and      learned   counsel       for   the

                   complainant/opposite party no.2.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Complaint Case no.1320 of 2023, registered under sections

                   147, 148, 323, 341, 504, 452, 380 354, 120B and 34 of the

                   Indian Penal Code and sections 3 and 4 of the Daain Act.

                                3. As per the prosecution case, the complainant states

                   that on 7.7.2023 at 1:30 p.m. while she was in her house, the

                   accused persons including the petitioner herein came and started
Patna High Court CR. MISC. No.3024 of 2026(4) dt.22-04-2026
                                            2/3




          to abuse her and started calling her a witch. He started

          threatening to kill her and in that process started pressing her

          neck. She further states that on the younger brother and others

          coming to the complainant’s rescue, the petitioner as also his

          wife Rekha Devi, Ajeet Yadav, Phulwa Devi, Virendra Yadav

          and Ranju Devi all armed with lathi etc. came and assaulted the

          complainant and others as a result of which she was injured.

          Ranju Devi is said to have taken a gold chain from the neck of

          her mother.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case because of

          dispute over raasta between the parties who are co-villagers. It

          is submitted that it is for this reason that on conclusion of the

          enquiry, cognizance was taken against the petitioner alone and

          thus the entire prosecution story falls to the ground. The

          petitioner has no criminal antecedent and undertakes to

          cooperate in the case.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State and learned counsel for the opposite

          party no.2. It is submitted by learned counsel for the opposite

          party no.2 that not only the petitioner is named in the complaint

          but there is direct allegation against him of having abused and
            Patna High Court CR. MISC. No.3024 of 2026(4) dt.22-04-2026
                                                        3/3




                      assaulted the complainant.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegation against the petitioner in

                      the complaint, cognizance not having been taken against the

                      other co-accused together with the petitioner not having any

                      criminal antecedent, it is directed that the petitioner, above

                      named, in the event of his arrest or surrender before the learned

                      Court below within a period of four weeks, be released on

                      anticipatory bail in connection with Complaint Case no.1320 of

                      2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten

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

                      satisfaction of the learned Judicial Magistrate Ist Class, Gayajee.



                                                         (Partha Sarthy, J)
avinash/-

U      T


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