Patna High Court
Karu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to Karu Yadav and Mahendra Yadav but rejected the same for Mithilesh Yadav.
Summary
The petitioners Karu Yadav and Mahendra Yadav sought anticipatory bail in connection with a family land dispute that escalated into a violent incident where the informant's husband was assaulted and shot. The FIR alleged offences under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, with Mithilesh Yadav identified as the actual shooter. The petitioners argued they were not the principal assailants, while the informant contended that all three acted with common intention. The court examined the nature of the allegations, the criminal antecedents of the parties, and the applicability of anticipatory bail provisions under the Bharatiya Nagarik Suraksha Sanhita. It granted anticipatory bail to Karu Yadav and Mahendra Yadav subject to bond and surety conditions, but denied bail to Mithilesh Yadav, deeming him the main assailant.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita given the nature of the offences alleged.
- Whether the petitioners Karu Yadav and Mahendra Yadav participated in the crime with common intention or merely assisted, affecting their eligibility for bail.
- Whether the principal shooter Mithilesh Yadav should be denied anticipatory bail due to his direct involvement in the shooting.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5)
Subjects
- anticipatory bail
- common intention
- land dispute
- firearm offence
- Section 27 Arms Act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3891 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- SARE District- Nalanda
======================================================
1. Karu Yadav S/o Late Dwarika Yadav R/o Village- Gilani, PS- Sare, Distt-
Nalanda
2. Mahendra Yadav @ Abhishek Yadav @ Abhishek Kumar S/o Karu Yadav
R/o Village- Gilani, PS- Sare, Distt- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 12466 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- SARE District- Nalanda
======================================================
Mithlesh Yadav @ Mithlesh Kumar @ Mithilesh Yadav @ Mithilesh KUmar
Son of Karu Yadav R/o Village - Gilani, P.S. - Sare, Distt. - Nalanda at
Biharsharif.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 3891 of 2026)
For the Petitioner/s : Mr. Uday Bhan Singh, Advocate
For the State : Mr. Ram Sevak Choudhary, A.P.P.
For the Informant : Mr. Pankaj Kumar, Advocate
Mr. Niranjanm Kumar, Advocate
(In CRIMINAL MISCELLANEOUS No. 12466 of 2026)
For the Petitioner/s : Mr. Uday Bhan Singh, Advocate
For the Informant : Mr. Pankaj Kumar, Advocate
Mr. Sonu Kumar, Advocate
Mr. Niranjanm Kumar, Advocate
For the State : Mr. Parmanand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 06-05-2026 Heard learned counsel for the parties concerned.
2. The petitioners apprehend their arrest in connection
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with Sare P.S. case no. 122 of 2025, registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 109(1) and
3(5) of Bharatiya Nyaya Sanhita and Section 27 of Arms Act.
3. As per the First Information Report, on 26.08.2025,
a Panchayati was going on between the informant’s father-in-
law and her cousin father-in-law in front of the villagers. In the
meanwhile, the side of the petitioners started abusing and
assaulting the informant’s side. Petitioner No. 1, namely, Karu
Yadav (petitioner in Cr. Misc. No. 3891 of 2026) caught hold of
the informant’s husband, Sube Lal Yadav, from behind, and
petitioner No. 2, namely Mahendra Yadav (petitioner in Cr.
Misc. No. 3891 of 2026), ordered his younger brother to fire
upon the informant’s husband. Thereafter, the wife of Mithilesh
Yadav (petitioner in Cr. Misc. No. 12466 of 2026) handed over a
country-made pistol to Mithilesh Yadav, who fired upon the
informant’s husband, causing gunshot injury in the chest of her
husband.
4. Learned counsel for the petitioners submits that
both the parties are closely related and co-sharers. There is
previous land dispute between them. Both the parties are
residing in the same ancestral house, and during course of
discussion relating to the land dispute, it was Mithilesh Yadav
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(petitioner in Cr. Misc. No. 12466 of 2026), who fired upon the
informant’s husband. Due to the previous dispute, the entire
family members have been made accused in the present case,
and the only allegation against Karu Yadav and Mahendra
Yadav is that they caught hold of the informant’s husband and
ordered him to be killed, respectively. The petitioner Nos. 1 and
2, namely, Karu Yadav and Mahendra Yadav (petitioners in Cr.
Misc. No. 3891 of 2026), are not the assailants, and as per the
FIR, the assailant is Mithilesh Yadav (petitioner in Cr. Misc. No.
12466 of 2026).
5. Learned counsel for the informant vehemently
opposed the prayer for bail and submits that all the petitioners,
namely, Karu Yadav, petitioner no. 1 and Mahendra Yadav,
petitioner no. 2 (petitioners in Cr. Misc. No. 3891 of 2026), and
petitioner, namely, Mithilesh Yadav (petitioner in Cr. Misc. No.
12466 of 2026), with common intention, caught hold of the
informant’s husband and ordered him to be killed, upon which
petitioner Mithilesh Yadav, fired upon the informant’s husband.
Petitioner No. 1, Karu Yadav (petitioner in Cr. Misc. No. 12466
of 2026), is having criminal antecedents of three cases.
6. In reply, learned counsel for the petitioners submits
that the injured informant’s husband, Sube Lal Yadav, who
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sustained bullet injury, is having 11 criminal antecedents, and
the cases against petitioner no. 1, namely, Karu Yadav and Sube
Lal Yadav are related to family disputes between them and land
disputes among the village people.
7. Regards being had to the submissions made on
behalf of the parties and taking into consideration the nature of
allegations against Karu Yadav and Mahendra Yadav
(petitioners in Cr. Misc. No. 3891 of 2026), I am inclined to
grant privilege of anticipatory bail to the petitioners, namely,
Karu Yadav and Mahendra Yadav.
8. Accordingly, the prayer for anticipatory bail is
allowed with respect to the petitioner Nos. 1 and 2, namely,
Karu Yadav and Mahendra Yadav (petitioners in Cr. Misc. No.
3891 of 2026).
9. Let the petitioner Nos. 1 and 2 , namely, Karu
Yadav and Mahendra yadav (petitioners in Cr. Misc. No. 3891
of 2026), above named, in the event of their arrest or surrender
before the Court below within four weeks, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate First Class-Xth, Nalanda,
Biharsharif, in connection with Sare Police Station Case No.
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122 of 2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita.
10. However, considering the nature of the allegation
against Mithilesh Yadav and he is the main assailant, I am not
inclined to grant privilege of anticipatory bail to the petitioner,
namely, Mithilesh Yadav (petitioner in Cr. Misc. No. 12466 of
2026).
11. Accordingly, the prayer for anticipatory bail is
rejected with respect to petitioner, namely, Mithilesh Yadav
(petitioner in Cr. Misc. No. 12466 of 2026).
(Anil Kumar Sinha, J)
Siwani/-
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