Patna High Court
Sadhu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to conditions under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioner, Sadhu Yadav, was arrested in connection with a land‑dispute‑related assault that caused simple injury, and is charged under several sections of the Bihar Negotiable Substances Act, 2023, with three prior criminal antecedents. The petitioner argued that the injury was minor and that a case‑and‑counter‑case exists between the parties, seeking bail. The State opposed the bail application. The High Court, noting the simplicity of the injury and the existence of a case‑and‑counter‑case, granted bail subject to a Rs.10,000 bond, two sureties, monthly police attendance, and compliance with Section 438(2) of the CrPC and Section 482 of the BNSS. The order was limited to the bail application and did not prejudice the merits of the trial. The bail conditions were imposed to ensure the petitioner’s regular appearance.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the charges and his prior criminal antecedents
- Whether the simple nature of the injury and the existence of a case‑and‑counter‑case justify bail
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- Criminal Procedure
- assault
- land dispute
- simple injury
- antecedents
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38243 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- BAGHA District- West Champaran
======================================================
Sadhu Yadav Son of Late Dhrup Yadav Resident of village- Ahirani Tola,
Ward no 28, Police Station- Bagaha, District- West Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kr Singh No. 1, Advocate
For the Opposite Party : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in
connection with Bagaha P.S. Case No.53 of 2026 registered for
the offence under Sections 126(2), 115(2), 109(1), 303(2),
351(2) and 3(5) of the B.N.S., 2023.
3. The petitioner and others are said to have
assaulted the victim causing simple injury. The petitioner has
three criminal antecedents.
4. It has been submitted by learned counsel for
the petitioner that there is case and counter case between the
parties and the occurrence has taken place on account of land
dispute. It has also been submitted that the injury sustained by
the injured is simple in nature. It has further been submitted that
Patna High Court CR. MISC. No.38243 of 2026(2) dt.17-06-2026
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the informant side had also filed three criminal cases against the
petitioner and his family members on account of land dispute.
5. Learned APP for the State has vehemently
opposed the prayer of the petitioner for grant of bail.
6. Considering the fact that the injury sustained
by the injured is simple in nature and there is case and counter
case between the parties, this application is allowed.
7. Let the petitioner, above named, in the event
of his arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M.,
1st, Bagaha, West Champaran / concerned Court below in
connection with Bagaha P.S. Case No. 53 of 2026, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner,
shall mark his attendance at Bagaha Police Station, District-
West Champaran on first Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
9. It is, however, clarified that the observations
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made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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