Patna High Court
Chhotelal YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to petitioners 1 and 3 but denied to petitioner 2.
Summary
The petitioners, three members of the Yadav family, were charged under the Bhartiya Nyaya Sanhita, 2023 for assaulting an informant and his family in a monetary dispute, with allegations of intent to cause death. They contended that the incident was a mutual fight, that injuries were sustained by both sides, and that only the second petitioner, Rajesh Yadav, inflicted a grievous head injury. The State opposed bail, emphasizing the seriousness of the injuries and the alleged intent. The court, after considering the nature of the injuries and the differing roles of the petitioners, granted anticipatory bail to petitioners Chhotelal Yadav and Praves Yadav upon surety, but denied bail to Rajesh Yadav due to the grievous injury inflicted. The bail was conditioned under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to each petitioner under the circumstances of the alleged assault and injuries
- Whether the nature of the injury inflicted by petitioner no.2 warrants denial of bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 110, 115(2), 117(2), 126(2), 351(2) read with 3(5), 352
- Bhartiya Nyaya Sanhita (BNSS) — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault
- grievous hurt
- intent to cause death
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 41820 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- Rasalpur District- Bhagalpur
======================================================
1. Chhotelal Yadav S/O Late Basu Yadav
2. Rajesh Yadav @ Rajesh Kumar Yadav S/O Chhotelal Yadav
3. Praves Yadav @ Pravash Kumar S/O Chhotelal Yadav
All are resident of Village- Rampur Khadhara, P.S.- Rasalpur, District-
Banka
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest Rasalpur P.S. Case No.18 of
2026 registered under Sections 126(2), 115(2), 117(2),
110, 352, 351(2) read with 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, all three petitioners were alleged to
assault the informant and his family members causing head
and bodily injuries, having intention to cause death where
occurrence arising out of monetary dispute.
Patna High Court CR. MISC. No. 41820 of 2026(2) dt.30-06-2026
2/3
4. It is submitted by learned counsel appearing for
petitioners that the occurrence was free fight in nature,
where both parties received injuries for which petitioners’
side also lodged a case, which was registered as Rasalpur
P.S. Case No. 19 of 2026. It is also pointed out that the
maximum allegation against petitioner no.1 namely,
Chhotelal Yadav is of order giver, whereas injury as alleged
to be caused by petitioner no.3 namely, Praves Yadav, upon
radiological examination found simple. It is also submitted
that the allegation of repeated assault is not available
against petitioner no.3 and, therefore, taking these two
things, it can be safely gathered that petitioner no.3 was not
under intention to cause death of injured son of informant,
namely, Chandan Kumar. However, learned counsel for the
petitioners conceded that the injury as alleged to be caused
by petitioner no.2, namely, Rajesh Yadav @ Rajesh Kumar
Yadav is on vital part of the body i.e., head of the informant,
which upon medical examination found grievous in nature.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No. 41820 of 2026(2) dt.30-06-2026
3/3
taking note of nature of injury, and also the nature of
allegation as raised against petitioner no.1 and 3, both
petitioner no.1, namely, Chhotelal Yadav and petitioner no.3
namely, Praves Yadav @ Pravash Kumar, in the event of
their arrest or surrender in the court below within a period of
four weeks, are directed to be released on bail, on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
the learned J.M.F.C., Bhagalpur in connection with Rasalpur
P.S. Case No.18 of 2026, subject to the conditions as laid
down under Section 438(2) of the CrPC/under Section
482(2) of the BNSS.
7. As petitioner no.2 namely, Rajesh Yadav @
Rajesh Kumar Yadav specifically alleged to assault on the
head of the informant, causing grievous injury, accordingly,
the prayer of anticipatory bail of petitioner no.2 stands
rejected.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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