Patna High Court
Kshatri Yadav @ Chhatri YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted anticipatory bail to the petitioners, directing them to surrender within six weeks and furnish bail bonds with sureties.
Summary
The petitioners, three Yadav brothers, sought anticipatory bail fearing arrest in a criminal case (Gogari PS Case No. 317/2025) involving offences under sections 190, 191(2), 109(1), 117(2), 303(2), 351(2) and 352 of the Bihar Negotiable Statutes. They argued they have no prior criminal record, the FIR implicates fifteen accused including them, and the allegations against them are either ornamental or arise from a land dispute between agnate parties. The petition highlighted that six co‑accused had already been granted anticipatory bail in a related matter and that injuries to victims were either simple or, in the petitioners' case, one grievous injury, suggesting a lack of seriousness. The State opposed the bail, but the court, after considering the submissions and the nature of the allegations, found the case suitable for anticipatory bail. Accordingly, the court ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations and the nature of injuries.
- Whether the petitioners' involvement in the FIR warrants pre‑emptive release pending trial.
Legislation cited
- Bihar Negotiable Statutes — s. 109(1), 117(2), 190, 191(2), 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- FIR
- land dispute
- assault
- grievous injury
- section 482
- pre‑emptive release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33372 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- GOGRI District- Khagaria
======================================================
1. Kshatri Yadav @ Chhatri Yadav S/o Jhari Yadav R/o Village - Chhoti
Maliya, P.S- Gogari, District - Khagaria
2. Jangal Yadav @ Jangali Yadav S/o Kshatri Yadav @ Chhatri Yadav R/o
Village - Chhoti Maliya, P.S- Gogari, District - Khagaria
3. Mangal Yadav S/o Kshatri Yadav @ Chhatri Yadav R/o Village - Chhoti
Maliya, P.S- Gogari, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 14-05-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Gogari P.S. Case No. 317/ 2025 registered for the
offence(s) punishable under Section(s) 190, 191(2), 109(1),
117(2), 303(2), 351(2) and 352 of the BNS.
3. Mr. Ranjeet Kumar Singh, learned counsel for the
petitioners, submits that all the petitioners have no criminal
antecedent and the FIR has been registered against 15 accused
persons, including the petitioners and against the petitioners
there is no allegation of committing assault with the prosecution
party, though against the petitioner no.3 there is an allegation of
Patna High Court CR. MISC. No.33372 of 2026(2) dt.14-05-2026
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snatching Rs. 20,000/- from the pocket of one namely, Deepak
Kumar but the same is ornamental and has been levelled only to
make the prosecution case serious. It is further submitted that
both the parties are agnates and admittedly there is land dispute
in between them. There is case and counter case in between the
parties. It is further submitted that six accused persons carrying
similar nature of allegations to the petitioners have already been
granted anticipatory bail vide order dated 08.04.2026 passed in
Cr. Misc. No. 20849 of 2026. It is lastly submitted that in the
alleged occurrence, three persons are said to have sustained
injuries, however their injuries have been opined to be simple in
nature and on the other hand, two persons from the petitioners’
side also sustained injuries in the alleged occurrence of whom
one sustained grievous injury.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioners.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions coupled with the nature of allegations appearing
against the petitioners from the FIR and also the fact that there
is case and counter case in between both the parties and from
the petitioners’ side two persons sustained injuries, one of whom
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sustained grievous injury whereas in the present case three
persons sustained injuries which have been opined to be simple
in nature, in my opinion, it is a fit case for grant of anticipatory
bail to the petitioners. Accordingly, let the petitioners named-
above, in the event of their arrest/surrender before the learned
court below within a period of six weeks from today, be released
on anticipatory bail in connection with Gogari P.S. Case No.
317/ 2025 on furnishing bail bonds of Rs. 20,000/- (Rupees
Twenty Thousand) each with two sureties of the like amount
each to the satisfaction of the Court concerned, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
BKS/-
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