Created by Fuzzy Cloud

Patna High Court

Bhushan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to a bail bond and sureties under Section 482 of the Bhartiya Nyaya Sanhita.

Summary

The petitioners, a group of individuals from Khagaria, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita, including offences of assault and related provisions. The State alleged that the petitioners had assaulted an informant and others, stemming from a prior land dispute that resulted in injuries. The petitioners contended that the injuries were simple and the dispute was rooted in longstanding enmity. The State opposed the bail, arguing the seriousness of the charges. The Court, considering the nature and severity of the injuries, granted anticipatory bail, directing each petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to Section 482 of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the charges under Sections 191, 190, 127, 115, 109, 303, 352, and 351 of the Bhartiya Nyaya Sanhita.
  • Whether the nature of the alleged assault and the underlying land dispute warrant denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • land dispute
  • Section 482
  • Bhartiya Nyaya Sanhita
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5570 of 2026
                       Arising Out of PS. Case No.-166 Year-2024 Thana- Mufassil District- Khagaria
                 ======================================================
           1.     Bhushan Yadav S/o Late Bino Yadav @ Bindeshwari Yadav R/o vill -
                  Mathar, P.s.- Muffasil, Distt.- Khagaria
           2.    Amit Kumar S/o Bhushan Yadav R/o vill - Mathar, P.s.- Muffasil, Distt.-
                 Khagaria
           3.    Avinash Kumar @ Shubham Kumar S/o Bhushan Yadav R/o vill - Mathar,
                 P.s.- Muffasil, Distt.- Khagaria
           4.    Abhimanyu Kumar @ Abhimannu Kumar @ Shubham Kumar S/o Bhushan
                 Yadav R/o vill - Mathar, P.s.- Muffasil, Distt.- Khagaria
           5.    Shyam Kumar @ Shyam Yadav S/o Jagdish Yadav R/o vill - Mathar, P.s.-
                 Muffasil, Distt.- Khagaria
           6.    Golu Yadav @ Golu Kumar S/o Late Kundan Yadav R/o vill - Mathar, P.s.-
                 Muffasil, Distt.- Khagaria
           7.    Ranveer Yadav @ Ranveer Kumar Randhir Kumar S/o Late Brahmdeo
                 Yadav @ Mahendra Yadav @ Golu Yadav R/o vill - Rehua Murbariya, P.S.-
                 Lakhisarai, Distt.- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mrityunjay Kumar
                 For the Opposite Party/s :        Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                    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 191(2), 191(3), 190,

                   127(2), 115(2), 109, 303(2), 352, 351(2) & (3) of the Bhartiya

                   Nyaya Sanhita.

                                3. Allegation against these petitioners is to assault
           Patna High Court CR. MISC. No.5570 of 2026(2) dt.04-02-2026
                                                       2/2




                     informant and others.

                                  4. Learned counsel for the petitioners submits that due

                     to previous enmity and land dispute between the parties,

                     Maarpeet took place, in which both sides sustained injuries.

                     Case and counter case. The injuries, caused by these petitioners,

                     are simple in nature.

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

                     for anticipatory bail.

                                  6. Considering the nature of injury, the prayer for

                     anticipatory bail of petitioners is allowed. Accordingly, let the

                     above named petitioners, 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) each with

                     two sureties of the like amount each to the satisfaction of

                     learned Chief Judicial Magistrate, Khagaria in connection with

                     Muffasil P.S. Case No. 166 of 2024, G.R. No. 3655 of 2024,

                     subject to condition as laid down under Section 482 of the

                     B.N.S.S., 2023.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.