Patna High Court
Gulab Chandra Yadav @ Gulabchandra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
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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
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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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