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Patna High Court

Bhola Yadav @ Pradeep YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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