Patna High Court
Bijli Yadav @ Vijay Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to petitioners Ludo Devi and Ritesh Kumar subject to conditions, finding no sufficient ground to deny bail.
Summary
The petitioners Ludo Devi and Ritesh Kumar applied for anticipatory bail in connection with FIR No. 35 of 2026 filed under several sections of the BNS for alleged assault on the informant's son during a dispute over a buffalo. Their spouse, Bijli Yadav, withdrew his own anticipatory bail application after being arrested. The State opposed the bail, alleging participation in the assault, while the petitioners argued lack of criminal antecedent and that the injuries were simple. The court noted the absence of prior convictions, the case‑and‑counter‑case scenario, and the nature of injuries, and therefore granted anticipatory bail to Ludo Devi and Ritesh Kumar with specific conditions under Section 438(2) of the Cr.P.C. The order required a bail bond of Rs.10,000 with sureties, appearance before the trial court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to petitioners Ludo Devi and Ritesh Kumar under Section 438(2) of the Cr.P.C. in view of the allegations of assault and the nature of injuries.
- Whether the lack of prior criminal antecedent and the simple nature of injuries justify granting anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- assault
- simple injury
- bail conditions
- criminal antecedent
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37696 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- AMARPUR District- Banka
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1. Bijli Yadav @ Vijay Kumar Manjhi Son of Kamleshwari Yadav Resident of
village - Baja, Police Station - Amarpur, District - Banka.
2. Ludo Devi @ Ludho Devi Wife of Bijli Yadav @ Vijay Kumar Manjhi
Resident of village - Baja, Police Station - Amarpur, District - Banka.
3. Ritesh Kumar Son of Bijli Yadav @ Vijay Kumar Manjhi Resident of village
- Baja, Police Station - Amarpur, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Adv.
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Learned counsel for the petitioner prays for and is
allowed to withdraw the anticipatory bail application of
petitioner no 1, Bijli Yadav as he has been arrested during the
pendency of the present petition.
2. Accordingly, the anticipatory bail application of
petitioner no. 1, Bijli Yadav is dismissed as withdrawn.
3. Heard Mr. Ajay Mukherjee, learned counsel for the
petitioner and the State.
4. The petitioner apprehends his arrest in connection
with Amarpur P.S. Case No. 35 of 2026 for the offence
registered under sections 126(2), 115(2), 109(1), 303(2), 352,
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351(2), 3(5) of BNS.
5. As per the prosecution story, the informant alleged
that on 16.01.2026, the accused persons named, on the issue of
movement of buffalo, resorted to assault and allegation is that
Bijli Yadav and Bambam Kumar gave blow on the head causing
injuries. When his son came to rescue, these petitioners
(petitioner nos. 2 & 3) assaulted him. This led to the FIR.
6. Learned Counsel for the petitioners submit that
main role has been assigned to Bijli Yadav and Bambam Kumar.
Further, the injury has been found to be simple in nature, there is
case and counter case. The last submission is that the petitioners
do not have criminal antecedent.
7. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that these
petitioners also attacked the son of the informant
8. Considering the submissions aforesaid as also that
the petitioner nos. 2 and 3, namely, Ludo Devi and Ritesh
Kumar do not have criminal antecedent, there is case and
counter case and the injuries have been found to be simple in
nature, in that background, this Court is inclined to grant them
the anticipatory bail with conditions.
9. Let the petitioner nos. 2 and 3, namely, Ludo Devi
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and Ritesh Kumar in the event of arrest or surrender within a
period of four weeks from the date of receipt of the order, shall
be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Banka/ Court concerned in connection with
Amarpur P.S. Case No. 35 of 2026 subject to condition as laid
down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner nos. 2 and 3, namely, Ludo
Devi and Ritesh Kumar, who shall provide official document
(Aadhar Card, PAN Card, Driving License, Voter ID) to show
his bona fide;
(ii) the petitioner nos. 2 and 3, namely, Ludo Devi and
Ritesh Kumar 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 bail bond
by the Trial court itself;
(iii) the petitioner nos. 2 and 3, namely, Ludo Devi
and Ritesh Kumar 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
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bail bonds;
(iv) the petitioner nos. 2 and 3, namely, Ludo Devi
and Ritesh Kumar shall desist from committing any criminal
offence again failing which the State shall be at liberty to take
steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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