Patna High Court
Bhushan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 127(2), 190, 191(2), 191(3), 303(2), 351(2), 351(3), 352, 482
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
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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
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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
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