Patna High Court

Madhav Yadav @ Madhu YadavversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail is granted subject to surrender within eight weeks, a bail bond of Rs 10,000 and two sureties, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Madhav Yadav, filed a bail petition fearing arrest in a case registered under several offences of the Bhartiya Nyaya Sanhita, 2023, later amended to include Section 109. The FIR alleges that, on the instigation of co‑accused Atma Yadav, the petitioner and nine others assaulted an informant and his brother with sticks, rods and bricks. The petitioner contended that the incident stemmed from a simple land dispute and that the assault allegation was vague and omnibus, essentially a case and counter‑case. The State opposed the bail, citing the seriousness of the charges. After considering the facts, the Court ordered that bail be granted provided the petitioner surrenders within eight weeks, furnishes a bail bond of Rs 10,000 with two sureties, and complies with the conditions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether bail can be granted in a case involving offences under Sections 126(2), 115(2), 118(1), 303(2), 351(2), 3(5), 308(4) and 109 of the Bhartiya Nyaya Sanhita, 2023
Whether the alleged assault arising from a land dispute justifies denial of bail
Whether the conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 are applicable

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 308(4), 3(5), 351(2)

Subjects

bail
criminal procedure
assault
land dispute
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
Section 482
Section 126
Section 115
Section 118
Section 303
Section 351
Section 3
Section 308
Section 109

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4330 of 2026
                  Arising Out of PS. Case No.-92 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Madhav Yadav @ Madhu Yadav Son of Surat Roy @Surat Yadav R/V
                 Laxmipur Gadariya, P.S. - Raghunathpur, Dist. - East Champaran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anuj Kumar
                 For the Opposite Party/s :        Mr.Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 118(1),

                   303(2), 351(2), 3(5), 308(4) of the Bhartiya Nyaya Sanhita,

                   2023 and later on, Section 109 of the B.N.S. was added.

                                3. As per F.I.R., on the instigation of co-accused Atma

                   Yadav, petitioner along with nine other named accused and

                   unknown persons assaulted informant and his brother with with

                   lathi, danda, bricks etc.

                                4. Learned counsel for the petitioner submits that on

                   account of land dispute, simple Maarpeet took place between

                   the parties. Allegation of assault is general and omnibus. Case

                   and counter case.
           Patna High Court CR. MISC. No.4330 of 2026(2) dt.11-02-2026
                                                       2/2




                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Chief Judicial Magistrate, Motihari, East Champaran in

                     connection with Raghunathpur P.S. Case No. 92 of 2025,

                     subject to condition as laid down under Section 482 of the

                     Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                      (Prabhat Kumar Singh, J)
anay

U      T

Continue reading with your account

Checking your session…