Patna High Court
Chandra Prakash Yadav @ Chandra Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The High Court allowed the bail application, directing the petitioners to be released on bail subject to conditions.
Summary
The petitioners, Chandra Prakash Yadav and Brahmdev Yadav, were arrested in connection with a FIR (Gamhariya PS Case No.159 of 2025) alleging assault, robbery, and disturbance of public tranquility under several sections of the Bharatiya Nyaya Sanhita, 2023. They contended that the FIR was filed after a land‑boundary dispute and that a counter‑case had been lodged by the complainant’s family. The State opposed their bail, citing the seriousness of the offences and a pending criminal case. The High Court, after considering the facts and the submissions, exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and ordered bail on the condition of furnishing a bond of Rs.10,000 with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the nature of the offences alleged in the FIR.
- Whether the pending criminal case and the existence of a counter‑case affect the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 118(2), 126(2), 303(2), 3(5), 352
Subjects
- bail
- criminal procedure
- section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- assault
- land dispute
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32656 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- GAMAHARIYA District- Madhepura
======================================================
1. Chandra Prakash Yadav @ Chandra Prakash Kumar, aged about 28 years,
Male, son of Brahmdev Yadav,
2. Brahmdev Yadav, aged about 60 years, Male, S/O Late Lakhan Yadav,
Both resident of village- Fulkaha, Ward No. 06, P.S- Gamhariya, Dist-
Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Vishoka Nand, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with
Gamhariya PS Case No.159 of 2025 dated 20.07.2025,
instituted under Sections 126(2), 115(2), 118(2), 110, 352,
303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioners and others is
of uprooting the paddy crops and assaulting the husband of the
informant. Specific allegation against the petitioner no.1 is that
he assaulted the husband of the informant on his head by means
of rod and against petitioner no.2 is that he caught hold the hair
of the informant and dragged her in the field due to which she
Patna High Court CR. MISC. No.32656 of 2026(2) dt.13-05-2026
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became naked as also he took out Rs.1500/- from the pocket of
the husband of the informant.
4. Learned counsel for the petitioners submits that
there is case and counter case between the parties. The counter
case i.e., Gamhariya PS Case No.158 of 2025 has been lodged
under Sections 126(2), 115(2), 303(2), 352, 3(5) of the
Bharatiya Nayaya Sanhita, 2023, by the wife of the petitioner
no.1 and daughter-in-law of the petitioner no.2. The present FIR
has been lodged after two days of the occurrence. There is
dispute between the parties with regard to boundaries of the land
which was sold by the wife of the petitioner no.1 to the
daughter-in-law of the informant. Lastly, it is submitted that one
criminal case is pending against the petitioners.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Madhepura, in Gamhariya PS
Case No.159 of 2025, subject to the conditions laid down in
Patna High Court CR. MISC. No.32656 of 2026(2) dt.13-05-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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