Patna High Court
Birendra Yadav @ Virendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioners subject to a bail bond, sureties and conditions of cooperation.
Summary
The petitioners, Birendra Yadav and Ashok Yadav, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. 2023 relating to assault. The prosecution alleged that the petitioners entered the informant’s house, used abusive language and inflicted injuries, with one alleged to have used a knife. The petitioners contended that the injury report showed only simple injuries caused by a blunt object and that the dispute stemmed from a land conflict, rendering the grievous‑hurt charge untenable. The court noted the lack of criminal antecedents and the nature of the injuries, and, considering the background dispute, granted anticipatory bail subject to a bond, sureties and cooperation with the investigation. The order was made under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
Legislation cited
- B.N.S., 2023 — s. 115(2), 118(1), 126(2), 329(3), 352, 74, 76 r/w 3(5)
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- land dispute
- simple injury
- criminal antecedents
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57807 of 2025
Arising Out of PS. Case No.-154 Year-2025 Thana- KOPA District- Saran
======================================================
1. Birendra Yadav @ Virendra Yadav S/O Late Wakil Yadav R/O Vill-
Bhatwaliya, P.S- Kopa, Dist- Saran- 841214
2. Ashok Yadav @ Ashok Kumar Yadav S/O Late Wakil Yadav R/O Vill-
Bhatwaliya, P.S- Kopa, Dist- Saran- 841214
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and
learned A.P.P for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 118(1), 329(3), 352,
74, 76 r/w Section 3(5) of B.N.S. 2023.
3. As per the prosecution case, accused persons by
entering into the house of the informant indulged in abuses and
assault causing injuries.
4. Learned counsel for the petitioners submits that
so far as the petitioners are concerned there is an allegation on
petitioner no.1 of having assaulted with knife on left hand and
neck of the informant while the petitioner no. 2 assaulted with
Patna High Court CR. MISC. No.57807 of 2025(4) dt.21-01-2026
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fists and legs. However, the injury report which is available in
the case diary would indicate that the injuries sustained by the
informant are simple in nature caused by hard and blunt
substance. In the background, there is a land dispute and
litigation between the parties and during the course of
investigation, Sections 74 and 76 of the B.N.S has not been
found to be true by the investigating agency. Learned counsel
has also submitted that the present case is not one under Section
109 B.N.S. but of having caused grievous hurt under Section
118 (1) of the B.N.S which is also not made out in view of the
simple injury.
5. The application for anticipatory bail is opposed by
learned A. P.P. for the State
6. Taking into consideration the facts and
circumstances and also considering the dispute between the
parties and the nature of the injury, let the petitioners, having no
criminal antecedents, in the event of their arrest or surrender
before the learned Court below within a period of four weeks,
be released on anticipatory bail in connection with Kopa P.S.
Case No. 154 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
Patna High Court CR. MISC. No.57807 of 2025(4) dt.21-01-2026
3/3
case is pending subject to the condition laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023, subject to the conditions that the petitioner
would cooperate in the investigation.
(Soni Shrivastava, J)
vashudha/-
U T
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