Patna High Court
Rajesh Kumar @ Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioners subject to surrender within four weeks and a bail bond with sureties.
Summary
The petitioners, Rajesh Kumar (Rajesh Yadav) and Dinesh Yadav, were named in FIR No.315 of 2025 for alleged offences under several sections of the Bhartiya Nyay Sanhita, 2023, including assault with an iron rod. The informant, a neighbour, claimed the accused entered her field armed and assaulted her, while the petitioners contend they have been falsely implicated due to an ongoing land dispute. They filed an application for anticipatory bail, arguing the allegations are unsubstantiated and that any alleged assault was on a non‑vital part of the body. The State opposed the bail, relying on the FIR allegations. After hearing both sides, the Court held that anticipatory bail should be granted, subject to the petitioners surrendering within four weeks and furnishing a bail bond of Rs.10,000 with two sureties. The order thus releases the petitioners on anticipatory bail pending further trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious allegations under the Bhartiya Nyay Sanhita.
- Whether the petitioners' claim of false implication and land‑dispute motive affects the bail decision.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- criminal procedure
- Bhartiya Nyay Sanhita
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3777 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
1. Rajesh Kumar @ Rajesh Yadav S/O Krishna Yadav R/o- At- Bandichak, Ps-
Kouwakol, District- Nawada.
2. Dinesh Yadav @ Dinesh Kumar S/O Krishna Yadav R/o- At- Bandichak, Ps-
Kouwakol, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners in this application pray for grant
of anticipatory bail apprehending their arrest in connection with
Kauwakol P.S. Case no.315 of 2025 registered for the offence
punishable under sections 126(2), 115(2), 117(2), 109, 303(2),
352, 351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that while she was cultivating her agricultural land, the twelve
named accused persons including the petitioners herein came
variously armed. Krishna Yadav started to hurl abuses. Rajesh
Yadav is said to have pulled the informant misbehaving with her
and Dinesh Yadav is said to have assaulted with an iron rod
Patna High Court CR. MISC. No.3777 of 2026(2) dt.28-01-2026
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causing injury on her hand.
4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. There is
case and counter case between the parties, the correct version
having been given in the FIR of the counter case which is
Annexure-2 to the petition. The petitioners and informant are
co-villagers and next door neighbours. There is land dispute
between them which has led to the registration of the instant
case. It is finally submitted that accepting the allegations in the
FIR for the sake of argument, the allegation against the
petitioner no.2 is of having assaulted on a non-vital part of the
body.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the FIR, the submissions made by learned counsel for the
petitioners and there being case and encounter case between the
parties, in the facts of the case, both the petitioners above named
in the event of their arrest or surrender before the learned Court
below within a period of four weeks, are directed to be released
on anticipatory bail in connection with Kauwakol P.S. Case
Patna High Court CR. MISC. No.3777 of 2026(2) dt.28-01-2026
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no.315 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class, Nawada.
(Partha Sarthy, J)
Bibhash
U T
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