Created by Fuzzy Cloud

Patna High Court

Rajesh Kumar @ Rajesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.