Patna High Court
Tedhi Yadav @ Dedhi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under section 438(2) CrPC and section 482(2) BNS.
Summary
The petitioners, four Yadavs from Bakulahiya village, sought anticipatory bail fearing arrest in a case arising from FIR No.119/2025 involving multiple offences under the Bharatiya Nagarik Suraksha Sanhita (BNS). They claimed innocence, alleging the charges stem from a prior land dispute and animosity, while the State opposed the bail. The informant, also an accused in a related case (FIR No.120/2025), had already been granted anticipatory bail, indicating a mutual free‑fight with injuries on both sides. The Court, noting the similar facts and the informant’s bail, was inclined to extend anticipatory bail to the petitioners, subject to conditions under section 438(2) of the CrPC and section 482(2) of the BNS and verification of any concealed criminal antecedents. Accordingly, the Court ordered that each petitioner be released on bail of Rs 10,000 with two sureties, subject to cooperation with investigation and possible cancellation if antecedents are concealed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under section 438(2) of the CrPC and section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the grant of anticipatory bail to the informant in the related case influences the decision on the petitioners’ bail.
- Whether the petitioners have concealed any criminal antecedents that would justify cancellation of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 118(1), 126(2), 191(2), 191(3), 303(2), 351(2), 352, 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- section 438
- section 482
- land dispute
- free‑fight
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30630 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- MANPUR District- West Champaran
======================================================
1. Tedhi Yadav @ Dedhi Yadav S/o Bhagat Yadav R/o Village - Bakulahiya,
P.S - Manpur, District - West Champaran
2. Jalsor Yadav S/o Janak Yadav R/o Village - Bakulahiya, P.S - Manpur,
District - West Champaran
3. Sawal Yadav S/o Khedaru Yadav R/o Village - Bakulahiya, P.S - Manpur,
District - West Champaran
4. Vishram Yadav S/o Bhrahmdev Yadav R/o Village - Bakulahiya, P.S -
Manpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 31553 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- MANPUR District- West Champaran
======================================================
Rambalak Yadav S/O Jang Bahadur Yadav R/O Village- Bakulahiya, P.S-
Manpur, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 30630 of 2026)
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the State : Mr.Pawan Kumar Chaurasia
For the Informant Mr. Gauri Shankar Thakur
(In CRIMINAL MISCELLANEOUS No. 31553 of 2026)
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the State Mr.Pawan Kumar Chaurasia
For the Informant Mr. Gauri Shankar Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State, assisted by learned counsel for the
Patna High Court CR. MISC. No.30630 of 2026(2) dt.07-05-2026
2/4
informant.
2. Since both the cases arise out of the same FIR,
they have been heard together, and are being disposed of by this
common order.
3. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 126(2), 115(2), 118(1), 109(1), 303(2), 352 and 351(2)
of the BNS in connection with Manpur P.S Case No. 119 of
2025.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case due to previous land dispute and animosity with
intention to harass the petitioners. There is case and counter case
and both sides received injuries.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Arising out the same incident, the informant’s side
is an accused in Manpur P.S Case No. 120/2025 under Sections
191(2), 191(3), 126(2), 115(2), 118(1), 109(1), 303(2), 352,
351(2) and 76 of the B.N.S lodged by petitioner no. 2 Jalsor
Yadav. This clearly indicates that there was a free-fight between
two sides, which has resulted in injuries to both sides.
Patna High Court CR. MISC. No.30630 of 2026(2) dt.07-05-2026
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Anticipatory bail has already been granted to the informant’s
side in Manpur P.S Case No. 120 of 2025, which has brought
on record by way of Annexure-6 series. Anticipatory bail, in
particular, has been granted to Jitan Yadav, who is the informant
of this case. Under these circumstances, I am inclined to grant
privilege of anticipatory bail to petitioners of both the cases.
7. Let the petitioners of both the cases, as named
above, in the event of their arrest or surrender within four weeks
from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of
the like amount each to the satisfaction learned ACJM 1 st
Bettiah, West Champaran in connection with Manpur P.S.Case
No. 119 of 2025, subject to the conditions laid down under
section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to further condition that :-
(i) the petitioners shall co-operate in the investigation/
trial.
(ii) the learned court below would, however, verify
the criminal antecedents of the petitioners, and in case it is
found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of
Patna High Court CR. MISC. No.30630 of 2026(2) dt.07-05-2026
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bail bonds of the petitioners. However, it is expected that the
verification process would be done expeditiously without
causing any delay.
(Alok Kumar Sinha, J)
HR/-
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