Patna High Court
Tuntun YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to Rajesh Yadav, directing his release on bail with bond and sureties subject to Section 482(2) conditions.
Summary
Petitioners Tuntun Yadav and Rajesh Yadav filed anticipatory bail applications in connection with FIR No. 29 of 2026 alleging offences under several sections of the Bihar Negotiable Sale (BNSS) Act and Section 27 of the Arms Act, arising from an irrigation‑related dispute. The petition for Tuntun Yadav was withdrawn, leaving only Rajesh Yadav’s application. Counsel for Rajesh argued that the specific allegation of assault causing grievous injury was not made against him, only against Tuntun and another co‑accused, and asserted his clean antecedents. The State opposed the bail, citing the seriousness of the offences listed in the FIR. The Court examined the factual submissions and noted the absence of a direct assault charge against Rajesh Yadav, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS Act. The order effectively dismissed the anticipatory bail petition for Tuntun and granted bail to Rajesh.
Issues considered
- Whether anticipatory bail should be granted to Rajesh Yadav despite the FIR naming him for offences under the BNSS Act and Arms Act.
- Whether the lack of a specific assault allegation against Rajesh Yadav justifies bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Sale (BNSS) Act — s. 109(1), 115(2), 118(2), 126(2), 3/5, 352, 482(2)
Subjects
- anticipatory bail
- FIR
- assault
- irrigation dispute
- bail bond
- sureties
- Section 482
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42026 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- BARAHAT District- Banka
======================================================
1. Tuntun Yadav S/o Majar Yadav R/o Village- Mirzapur, P.S.- Barahat,
District- Banka
2. Rajesh Yadav S/o Majar Yadav R/o Village- Mirzapur, P.S.- Barahat,
District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Nandan Prasad
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard the parties.
2. At the outset after arguing for short, learned
counsel appearing on behalf of petitioner seeks permission to
withdraw the anticipatory bail petition of petitioner no. 1
namely, Tuntun Yadav.
3. Accordingly, the present anticipatory bail petition
of petitioner no. 1 namely, Tuntun Yadav stands dismissed
as withdrawn.
4. Now this petition survives only against petitioner
no. 2 namely, Rajesh Yadav.
5. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Barahat P.S. Case
Patna High Court CR. MISC. No.42026 of 2026(2) dt.02-07-2026
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No. 29 of 2026 registered for the offences punishable under
Sections 126(2), 115(2), 118(2), 109(1), 352, 3/5 of BNS
and Section 27 of Arms Act.
6. As per FIR petitioner alongwith other co-accused
person alleged to assault informant causing head and bodily
injuries where assault was alleged to made with an intention
to cause death of the injured person. Occurrence alleged to
be arising out of irrigation related issues.
7. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation of causing grievous
injury is available specifically against Tuntun Uadav and
Kundan Yadav who are not the petitioner for the present.
Allegation of physical assault is not available against
petitioner namely, Rajesh Yadav. Petitioner claimed clean
antecedent.
8. Learned APP opposes the prayer of bail.
9. In view of aforesaid factual submission and by
taking note of fact as allegation of assault is not available
against this petitioner, accordingly petitioner namely Rajesh
Yadav, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.42026 of 2026(2) dt.02-07-2026
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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 CJM, Banka
/concerned Court, where the case is pending in connection
with Barahat P.S. Case No. 29 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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