Patna High Court
Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJEEV RANJAN PRASAD
Holding
Anticipatory bail may be granted in the land‑dispute case, subject to a bail bond and verification of criminal antecedents under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Shankar Yadav and Shekhar Yadav, sought anticipatory bail in a complaint (No. 178 of 2023) alleging offences under several IPC sections arising from a land dispute. The complainant alleged that the petitioners threatened and assaulted her and her family to dispossess them of land they claimed to have purchased. The petitioners contended that the allegations were vague, the matter was a civil title suit, and the case was concocted. The State and the informant opposed the bail, citing the seriousness of the offences. The High Court noted the dispute’s civil nature and the generality of the allegations, and directed that bail be granted on a bond of Rs. 25,000 with two sureties, subject to verification of criminal antecedents under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court also ordered that any concealment of antecedents would lead to cancellation of bail.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under the IPC arising from a land dispute.
- Whether the allegations in the complaint are sufficiently specific to deny bail.
- Whether the pendency of a civil title suit impacts the grant of anticipatory bail.
- What conditions may be imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120B, 34, 354B, 379, 406, 420, 467, 468, 470
Subjects
- anticipatory bail
- land dispute
- IPC offences
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
- civil title suit
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39785 of 2024
Arising Out of PS. Case No.-178 Year-2023 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
1. Shankar Yadav S/O Late Ganesh Yadav R/O Village Naya Tola, Agarpur, P.S
Lodipur, District Bhagalpur
2. Shekhar Yadav @Shaikhar Yadav @ Chandra Shekhar Yadav S/O Shankar
Yadav R/O Village Naya Tola, Agarpur, P.S Lodipur, District Bhagalpur
... ... Petitioners
Versus
1. The State of Bihar
2. Mulo Devi W/O Naro Yadav R/O Village Naya Tola, Agarpur, P.S Lodipur,
District Bhagalpur
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
For the Informant : Mr. Swapnil Kumar Singh, Advocate
Mr. Shubham Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioners, in the present case, are seeking pre-
arrest bail in connection with Complaint Case No. 178 of 2023
in which cognizance has been taken for the offences punishable
under Sections 406, 420, 379, 354B, 467, 468, 470 and 120B/34
of the Indian Penal Code and out of nine persons named in
complaint petition, learned Magistrate has summoned six
accused including the petitioners. The petitioner no.1 has got
four criminal antecedents and out of these cases, he is on bail in
Patna High Court CR. MISC. No.39785 of 2024(3) dt.25-02-2026
2/4
two cases and petitioner no.2 has got two criminal antecedents
out of which, he is on bail in one case.
3. As per the complaint, the complainant purchased 19
decimals land from daughter's son (nati) of Rajendra Singh of
namely Karu Singh through registered sale deed. It is alleged
that in the month of September, 2022 the petitioners along with
other accused persons came at the said land and threatened the
informant that they have purchased the said land and she should
vacate the land. Upon protest by complainant, all the accused
persons assaulted the complainant and her husband and fled
away. Again on 17.01.2023, the petitioners and other accused
persons forcefully entered the house of the complainant and
assaulted the complainant and her family members. It is further
alleged that the accused person are trying to dispossess the
complainant from their house.
4. Learned counsel for the petitioner submits that the
entire case is false and concocted, there is no specific allegation
of any overt act against the petitioners rather the allegations are
general and omnibus in nature. It is further submitted that the
matters relates to land dispute for which a title suit has been
filed which is pending for adjudication.
5. Learned A.P.P. for the State and learned counsel for
Patna High Court CR. MISC. No.39785 of 2024(3) dt.25-02-2026
3/4
the informant have opposed the prayer for anticipatory bail of
the petitioners.
6. Having regard to the facts and circumstances of the
case wherein it is noticed that the present case has arisen out of
a land dispute and the allegations are general and omnibus of
forging land papers, however, the petitioners claim to have
purchased the same land and also claim possession, a title suit is
said to be pending between the parties, in the circumstances, this
Court directs that in case of their arrest/surrender within a
period of four weeks from today, let the petitioners above-
named be enlarged on bail on furnishing bail bond of Rs.
25,000/- (twenty five thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Bhagalpur in connection with Complaint
Case No. 178 of 2023, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
7. And further condition that the learned trial court
shall verify the criminal antecedent of the petitioners and in case
at any stage it is found that the petitioners have concealed their
criminal antecedent, the learned trial court shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. MISC. No.39785 of 2024(3) dt.25-02-2026
4/4
shall not be delayed for purpose of or in the name of
verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J)
Rishi/-
U T
Checking your session…