Patna High Court
Rajendra Yadav @ Rajendra Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to a bond and sureties, under Section 482(2) of the CrPC.
Summary
The petitioners, four Yadavs from Madhepura, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. relating to alleged assault, destruction of property, and other offences. They contend they have clean antecedents, are senior citizens, and were falsely implicated, with the primary alleged offender being a person named Nitish who is not a petitioner. The informant’s FIR describes a land‑related dispute where the accused allegedly used a tractor to damage pea seeds and assaulted the informant and her son. The State opposed the bail, arguing the seriousness of the offences. The High Court, considering the petitioners’ age, clean record, and the vague, omnibus nature of the allegations against them, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the CrPC despite the serious nature of the offences alleged.
- Whether the petitioners are likely to be falsely implicated and thus merit protection from arrest.
- Whether the senior citizen status of two petitioners warrants special consideration in granting bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 324(4)(5), 3(5), 351(2)(3), 352, 76
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- senior citizen
- false implication
- land dispute
- B.N.S. offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37460 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- SHANKARPUR District- Madhepura
======================================================
1. Rajendra Yadav @ Rajendra Prasad Yadav S/o Late Yugal Yadav R/o
Village- Kalhua, ward No 08, PS- Shankarpur, District- Madhepura
2. Kapil Yadav @ Kapildeo Yadav S/o Bhagwat Yadav R/o Village- Kalhua,
ward No 08, PS- Shankarpur, District- Madhepura
3. Mantu Yadav @ Brajnandan Kumar S/o Rajendra Yadav @ Rajendra Prasad
Yadav R/o Village- Kalhua, ward No 08, PS- Shankarpur, District-
Madhepura
4. Ram Kishun Yadav S/o Late Yugal Yadav R/o vill - Bariyahi, ward no. 12,
Tola Mahraji, P.s.- Shankarpur, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh
For the Opposite Party/s : Mr. Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 303(2), 109, 76, 324(4)(5), 351(2)(3), 352 and 3(5) of
the B.N.S.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.1
and 4 are senior citizen, aged about 78 and 73 years
respectively. It is next submitted that the informant alleges that
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on 28.12.2025, the accused persons including the petitioners
came variously armed along with a tractor and Nitish with
tractor tried destroying the pea seeds of the informant which
was barbed by wire, hence her son started video-graphing the
occurrence, hence Nitish tried to dash the informant and her son
by the tractor but her son pulled her away as such the tractor
entered the house by breaking the door, further Nitish assaulted
her by kudal causing injury on head.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, the occurrence is alleged to
have taken place on account of dispute relating to land. It is
further submitted that thrust of the allegation is against Nitish,
who is not petitioner in the instant anticipatory bail application
and as far as petitioners are concerned, the allegations against
them are general and omnibus in nature.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
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from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
trial court where the case is pending/successor court in
connection with Shankarpur P.S. Case No.01 of 2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
amit/-
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