Anil YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38004 of 2026
                          Arising Out of PS. Case No.-90 Year-2025 Thana- CHERKI District- Gaya
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                 Anil Yadav, S/o Late Mundrika Yadav, R/o Village-Simariya, P.S.-Cherki,
                 Distt.- Gaya Ji.
                                                                           ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aryan Singh, Advocate
                                                   Mr. Manish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-06-2026                  The defect as pointed out by the office is ignored

                   for the present.

                                2. Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                3. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Cherki P.S. Case

                   No.90 of 2025 registered under Sections 126(2), 115(2),

                   109(1), 117(2), 76, 303(2), 351(2), 352 read with 3(5) of

                   the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                4. Allegation against petitioner is to assault the

                   informant and others during the course of occurrence

                   causing head and bodily injuries by using iron rod and khanti

                   with intention to cause their death.
Patna High Court CR. MISC. No.38004 of 2026(2) dt.09-06-2026
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                       5. It is submitted by learned counsel appearing for

          petitioner that the present occurrence was free fight in

          nature, where both parties received injuries and for the same

          set of occurrence, the petitioner’s side also lodged his case

          at first instance, which was registered as Cherki P.S. Case

          No.88 of 2025, countering the aforesaid case, the present

          case was lodged. It is submitted that merely on the ground

          that the assault as alleged to be caused by this petitioner

          was made on head of injured, the prayer of anticipatory bail

          of petitioner was rejected though, the nature of injury upon

          medical examination found simple in nature. It is submitted

          that merely as alleged assault was caused on head, the

          rejection of anticipatory bail of petitioner is bad in eyes of

          law as there are several factors, which required to be

          considered to make out a case under Section 109(1) of the

          BNS like, nature of injuries, nature of weapons, the manner

          of assault and the conduct of accused pre and post

          occurrence. In support of his submission, learned counsel

          has relied upon legal report of Hon’ble Supreme Court as

          available     through       State       of Himachal   Pradesh   vs.
Patna High Court CR. MISC. No.38004 of 2026(2) dt.09-06-2026
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          Shamsher Singh [2025 SCC OnLine SC 807].

                       6.     Arguing further, it is submitted that the

          occurrence took place in the background of the land dispute,

          where allegation was raised against 12 persons including this

          petitioner to assault informant and others. It is pointed out

          that the petitioner’s side received grievous injury during the

          occurrence. Explaining criminal antecedent, it is submitted

          that petitioner found involved in three more criminal cases,

          where he is on bail.

                       7. Learned APP has opposed the prayer of bail.

                       8. In view of aforesaid factual submissions and by

          taking note of fact as occurrence is free fight in nature,

          where both parties received injuries, coupled with the fact

          that the nature of injuries as alleged to be caused by this

          petitioner upon medical examination found simple in nature,

          accordingly, the petitioner, above-named, in the event of his

          arrest or surrender in the court below within a period of four

          weeks from today, is directed to be released on bail on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction
         Patna High Court CR. MISC. No.38004 of 2026(2) dt.09-06-2026
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                   of the learned Additional Chief Judicial Magistrate-V, Gaya in

                   connection with Cherki P.S. Case No.90 of 2025, subject to

                   the conditions as laid down under Section 438(2) of the

                   Code of Criminal Procedure (in short ‘CrPC’)/under Section

                   482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in

                   short ‘BNSS’).


                                                    (Chandra Shekhar Jha, J.)
    Sanjeet/-

U    T