Patna High Court
Bhola Yadav @ Pradeep YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the BNS.
Summary
Bhola Yadav was named in an FIR for alleged assault arising out of a land dispute, with charges under multiple sections of the Bihar Negotiable Sale Act (BNS) including offences of assault, attempt to cause death, and other related crimes. The petitioner argued that the injuries were simple, the assault was not repeated, and there was no intention to cause death, further noting that the parties had reached a compromise. The learned Assistant Public Prosecutor opposed bail. The court examined the nature of the injuries, the lack of repeated assault, and the compromise agreement, and concluded that the prima facie case did not show a serious threat to life. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- What is the appropriate bail consideration under Section 482(2) of the BNS for the alleged offences?
- Does the nature of the injury and lack of repeated assault negate the intention to cause death?
- Does the compromise between parties affect the bail decision?
Legislation cited
- Bihar Negotiable Sale Act — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(3), 352, 482(2), 76
Subjects
- bail
- assault
- intention to cause death
- land dispute
- simple injury
- compromise
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38753 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- BHITAHA District- West Champaran
======================================================
Bhola Yadav @ Pradeep Yadav Son of Krishna Yadav @ Kishun Yadav
Resident of Village- Baluadwa Gahi Tola, P.S.- Bhitaha, District- West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kr Singh No. 1
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bhitaha P.S.
Case No. 07 of 2026 registered for the offences
punishable under Sections 352, 76, 126(2), 115(2),
118(1), 109, 117(2), 351(3), 303(2), 3(5) of BNS.
3. The allegation against petitioner is to assault
informant and other during the course of occurrence
causing head and bodily injury, where assault was
alleged to be made with an intention to cause death of
the injured where occurrence alleged to be arising out of
Patna High Court CR. MISC. No.38753 of 2026(2) dt.18-06-2026
2/3
land dispute.
4. It is submitted by learned counsel appearing
on behalf of the petitioner that present occurrence took
place in the background of land dispute where parties
are agnets and moreover, nature of injury upon medical
examination found simple in nature. It is submitted that
injury report suggests that assault as alleged to be made
by this petitioner is not repeated also.
5. Arguing further it is pointed out that manner
of assault and nature of injury collectively suggest that
the petitioner was not under intention to cause death of
the injured. It is further submitted that realizing mistake
parties entered into the compromise in terms of
Annexure- P/4 of the present petition. Petitioner claimed
clean antecedent.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and
by taking note of fact as assault as alleged to be caused
by this petitioner prima-facie not appears repeated
Patna High Court CR. MISC. No.38753 of 2026(2) dt.18-06-2026
3/3
where nature of injury upon medical examination found
simple, accordingly petitioner above-named, in the event
of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
the satisfaction of the learned ACJM I, Bagaha, West
Champaran /concerned Court, where the case is pending
in connection with Bhitaha P.S. Case No. 07 of 2026,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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