Patna High Court
Lal Babu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered anticipatory bail for the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Lal Babu Yadav and Nanku Yadav applied for anticipatory bail after being implicated in a case under Sections 126(2), 115(2), 329(3), 109, 352 and 351(2)(3)(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and others during a land‑related dispute. The petitioners argued that the informant, who is an agnate, fabricated the charges and that the injuries were minor. The State opposed the bail, contending the offences are serious. The Court examined the submissions, noted the petitioners' clean or minimal antecedents, and the possibility of false implication. It granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 10,000 each with two sureties, subject to the conditions of Section 482(2) of the BNSS, should they be arrested or surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita.
- Whether the allegations constitute a serious offence warranting denial of bail.
- Whether there is a likelihood of the petitioners fleeing or tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 329(3), 351(2), 351(3), 351(5), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- false implication
- land dispute
- Bharatiya Nyaya Sanhita
- Section 482
- Section 126
- Section 115
- Section 329
- Section 109
- Section 352
- Section 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4697 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- SIRISIYA District- West Champaran
======================================================
1. Lal Babu Yadav Son of Raghubir Yadav Resident of village - Ekrahiya, P.S.-
Sirisiya, District - West Champaran.
2. Nanku Yadav @ Kanhaiya Kumar Son of Chandeshwar Yadav Resident of
village - Ekrahiya, P.S.- Sirisiya, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 329(3), 109, 352, 351(2)(3)(5) of the Bharatiya Nyaya
Sanhita.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and petitioner no. 2 is
a person with clean antecedent and the informant alleges that
accused persons including the petitioners, who are his agnates
on 26-5-2025 at 4 pm, started abusing, on objection, petitioner
no. 1 caught him and Chandeshwar assaulted by farsa causing
Patna High Court CR. MISC. No.4697 of 2026(2) dt.17-03-2026
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injury on head, thereafter Nagendra assaulted him by an iron rod
causing injury on thigh, while petitioner no. 2 assaulted by lathi
all over his body and Lal Babu assaulted Ravi by lathi causing
injury, on alarm villagers gathered and injured were taken to
hospital.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that petitioners and the
informant are agnates and are having dispute relating to land
and even the injury suffered by the injured has been opined to
be simple in nature and the blow is not alleged to have been
repeated.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Sirsiya P.S. Case No. 96 of 2025, subject to the
Patna High Court CR. MISC. No.4697 of 2026(2) dt.17-03-2026
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conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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