Patna High Court
Chunna Yadav @ Chunna Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners with specified conditions.
Summary
The petitioners, three brothers, were implicated in an FIR alleging assault on an informant and his wife over a minor dispute involving a bull. They sought anticipatory bail, arguing a twelve‑day delay in filing the FIR, that the injuries were simple, and that there was no medical report for the wife. The State opposed the bail, contending that the assault caused injuries. The court noted the simple nature of the injury, the petitioners' clean criminal record, and the delay, and therefore granted anticipatory bail subject to monetary and procedural conditions, including payment to the informant and compliance with Section 438(2) of the Cr.P.C. The order also imposed surety requirements and conduct conditions for the bail bond.
Issues considered
- Whether anticipatory bail should be granted despite the FIR alleging assault and related offences.
- Whether the delay in lodging the FIR and the nature of the injuries affect the grant of bail.
- Whether the petitioners' lack of criminal antecedent warrants bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 354(B), 379, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- assault
- simple injury
- FIR delay
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53972 of 2025
Arising Out of PS. Case No.-159 Year-2022 Thana- INDUSTRIAL District- Bhagalpur
======================================================
1. Chunna Yadav @ Chunna Kumar Yadav S/o Sakhi Chandra Yadav R/o
Gopalpur, P.S - Industrial Area, District - Bhagalpur
2. Manoj Yadav @ Manoj Kumar Yadav S/o Sakhi Chandra Yadav R/o
Gopalpur, P.S - Industrial Area, District - Bhagalpur
3. Satrughan Yadav S/o Sakhi Chandra Yadav R/o Gopalpur, P.S - Industrial
Area, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madan Mohan, Adv.
Mr. Sourav Suman, Adv.
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 17-01-2026 Heard Mr. Madan Mohan, learned Counsel for the
petitioners duly assisted by Mr. Sourav Suman and learned APP
for the State.
2. The petitioners apprehend their arrest in connection
with Industrial Area P.S. Case No. 159 of 2022 for the offence
registered under sections 341, 323, 324, 307, 379, 504, 506,
354(B) read with Section 34 of the IPC lodged on 18.08.2022
by the informant, Polo Yadav.
3. As per the prosecution story, the informant alleged
that on the minor issue of bull entering the field of the accused,
both the informant and his wife were assaulted, allegation
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against Chunna Yadav and Manoj Yadav is of assaulting the
informant, Polo Yadav while Shatrughan Yadav assaulted the
informant’s wife (Rambha Devi). They went to the hospital
which followed the FIR.
4. Learned Counsel for the petitioners submit that
there is twelve days delay in lodging the FIR and the injury of
Polo Yadav is simple, there is no injury report of the lady.
Further, the submission is that without accepting the allegation
and/or the outcome of the present petition in view of the fact
that the informant side has alleged injuries, the petitioners on its
own would like to contribute towards the medical assistance of
Rs. 2500/- each (totaling Rs. 7500/-) through Demand Draft
issued by the local branch of the State Bank of India/any
Nationalized Bank to be submitted before the ‘NAZARAT’ of
concerned Court to be handed over to the informant after
checking the credentials.
5. In this case, the Co-ordinate Bench had called for
the case diary and as per it, the injury of Polo Yadav has been
found to be simple in nature, there is no injury report of the lady.
6. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that all of
them assaulted the informant and his wife causing injuries.
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7. Considering the submissions of the parties as also
the fact that the injury has been found to be simple in nature,
these petitioners do not have criminal antecedent, in that
background, this Court is inclined to grant them the anticipatory
bail with conditions subject to payment of Rs. 2500/- each
(totaling Rs. 7500/-) to the informant as undertaken by the
learned counsel for the petitioners to be paid by Demand Draft
of local branch of the State Bank of India/any Nationalized
Bank to be submitted to the Trial Court.
8. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned JMFC,
Bhagalpur in connection with Industrial Area P.S. Case No. 159
of 2022 subject to condition as laid down under Section 438(2)
of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
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before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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