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Patna High Court

Gulab Chandra Yadav @ Gulabchandra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, holding that Section 482(2) permits bail in view of the lack of material against them and the family‑dispute context.

Summary

The petitioners, five members of the Yadav family, were implicated in a FIR alleging assault, robbery, and other offences arising from a family dispute, with charges under multiple sections of the Bharatiya Nyaya Sanhita, including non‑bailable Section 110. They claimed innocence, stating the incident was a case‑and‑counter‑case and that the police had only filed a charge‑sheet under bailable offences, granting them police bail. The State opposed bail, emphasizing the seriousness of the non‑bailable charge. The High Court noted the lack of material against the petitioners, the existence of a family dispute, and their clean criminal record, and therefore ordered that they be released on bail if arrested or surrendered within six weeks, subject to conditions under Section 482(2) of the BNSS. The order imposed a bail bond of Rs.10,000 with two sureties and specific compliance conditions. Consequently, the petition for bail was granted.

Issues considered

  • What is the applicability of Section 482(2) of the Bharatiya Nyaya Sanhita in granting bail for offences including non‑bailable Section 110?
  • Whether the petitioners are entitled to bail despite the presence of a non‑bailable charge under Section 110 of the BNSS?

Legislation cited

  • Bharatiya Nyaya Sanhita — s. 110, 115(2), 117(2), 118(1), 127(1), 191(2), 191(3), 303(2), 329(4), 351(2), 352, 482(2)

Subjects

  • bail
  • non‑bailable offence
  • Section 110
  • Section 482
  • family dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30719 of 2026
                         Arising Out of PS. Case No.-462 Year-2025 Thana- BAISI District- Purnia
                 ======================================================
           1.     Gulab Chandra Yadav @ Gulabchandra Yadav S/o Late Kuto Yadav @
                  Kutolal Yadav R/o Village - Jalal Pundalay, Asha Mobaiya, P.S - Baisi,
                  District - Purnea
           2.    Bhojna Yadav @ Bhoina Yadav S/o Late Kuto Yadav @ Kutolal Yadav R/o
                 Village - Jalal Pundalay, Asha Mobaiya, P.S - Baisi, District - Purnea
           3.    Sri Prasad Yadav @ Shri Prasad Yadav S/o Late Kuto Yadav @ Kutolal
                 Yadav R/o Village - Jalal Pundalay, Asha Mobaiya, P.S - Baisi, District -
                 Purnea
           4.    Bhot Lal Yadav @ Bhotlal Yadav S/o Late Nandu Lal Yadav @ Nanda Lal
                 Yadav @ Late Nandu Yadav R/o Village - Jalal Pundalay, Asha Mobaiya, P.S
                 - Baisi, District - Purnea
           5.     Sharvan Yadav @ Shravan Kumar Yadav @ Shrawan Yadav S/o Bhojna
                  Yadav @ Bhoina Yadav R/o Village - Jalal Pundalay, Asha Mobaiya, P.S -
                  Baisi, District - Purnea
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md Ziaul Quamar
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   06-05-2026                       Heard learned counsel for the parties.

                                   2. The petitioners apprehends their arrest in

                   connection with Baisi P.S. Case No.462 of 2025 dated

                   21.11.2025, registered for the offence punishable under Sections

                   191(2), 191(3), 127(1), 329(4), 115(2), 118(1), 117(2), 110,

                   303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita.

                                   3. As per the FIR, the informant alleged that after a

                   quarrel between the children of the parties, the accused persons

                   came armed with deadly weapons and assaulted the informant

                   and his family members, causing head and fracture injuries.
Patna High Court CR. MISC. No.30719 of 2026(2) dt.06-05-2026
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          They also allegedly abused, threatened to kill them, looted Rs.

          1500/- and ransacked household articles.

                          4. It is submitted by the learned counsel for the

          petitioner that the petitioners are innocent and have been falsely

          implicated in the present case. He further submits that, for the

          same incident, there is case and counter-case between the

          parties. It is further submitted that initially all the offences were

          bailable except those under Sections 118(1) and 110 of the

          B.N.S.; however, after investigation, the police submitted

          charge-sheet only under the bailable sections and granted the

          benefit of police bail to the petitioners. Despite the same, the

          learned C.J.M. took cognizance against the petitioners under

          Section 110 of the B.N.S. It is further submitted that the alleged

          occurrence took place on account of a family dispute. Lastly, it

          is submitted that the petitioners have no criminal antecedents.

                          5. On the other hand, the learned APP for the State

          has opposed the prayer for bail of the petitioners.

                          6. Taking into account that there is case and counter

          case between the parties and police has not found any material

          against the petitioners, let the above named petitioners, be

          released on bail, in the event of their arrest or surrender before

          the learned Court below within a period of six weeks from
             Patna High Court CR. MISC. No.30719 of 2026(2) dt.06-05-2026
                                                         3/3




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

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

                       satisfaction      of    the    learned      Chief    Judicial   Magistrate,

                       Purnea/Successor Court in connection with Baisi P.S. Case

                       No.462 of 2025, subject to the conditions as laid down under

                       Section 482(2) of the BNSS as well as the following conditions:

                                    (i) One of the bailors should be the family

                       member/relative/ known of the petitioner(s) who shall provide

                       official document/ personal affidavit to show his/her bona fide;

                                    (ii) the petitioner(s) shall appear on each and every date

                       before the Trial Court and failure to do so for two consecutive

                       dates without plausible reason will entail cancellation of

                       his/her/their bail bond by the Trial Court itself;

                                    (iii) the petitioner(s) shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (iv) the petitioner(s) shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty to

                       take steps for cancellation of their bail bonds.



                                                                     (Ajit Kumar, J)
shikha/-
U        T


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