Patna High Court
Chhotu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioners subject to conditions.
Summary
The petitioners, five members of the Yadav family, feared arrest in a criminal case (Sanhaula P.S. Case No. 08 of 2024) involving offences under IPC sections 341, 323, 325, 504, 506 and 34. They claimed innocence, a clean antecedent, and that the case was a "case and counter‑case" between parties, with no allegation of murder under Section 307 IPC. The State opposed the grant of anticipatory bail. The Court observed that the absence of a Section 307 charge and the nature of the dispute did not justify denial of bail, and therefore allowed the anticipatory bail application subject to standard conditions. The petitioners were ordered to furnish a bail bond of Rs. 10,000 with two sureties each, and to surrender within four weeks if arrested. The order was made under Section 438(2) of the CrPC and Section 482 of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the pending criminal case
- Whether the nature of the alleged offences and the absence of a Section 307 IPC charge justify denial of bail
- Whether the petitioners’ claim of a case‑and‑counter‑case and clean antecedent affect the bail decision
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
Subjects
- anticipatory bail
- Criminal Procedure Code
- IPC offences
- bail conditions
- case and counter case
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58987 of 2025
Arising Out of PS. Case No.-8 Year-2024 Thana- SANHAULA District- Bhagalpur
======================================================
1. Chhotu Yadav S/o Sulendra Yadav @ Surendra Yadav R/o village -
Sanhaula, Rasalpur, P.S. - Sanhaula, Dist. - Bhagalpur
2. Bipin Yadav S/o Sulendra Yadav @ Surendra Yadav R/o village - Sanhaula,
Rasalpur, P.S. - Sanhaula, Dist. - Bhagalpur
3. Sanjeev Yadav S/o Sulendra Yadav @ Surendra Yadav R/o village -
Sanhaula, Rasalpur, P.S. - Sanhaula, Dist. - Bhagalpur
4. Santosh Yadav S/o Sulendra Yadav @ Surendra Yadav R/o village -
Sanhaula, Rasalpur, P.S. - Sanhaula, Dist. - Bhagalpur
5. Sulendra Yadav @ Surendra Yadav S/o Late Jagdish Yadav R/o village -
Sanhaula, Rasalpur, P.S. - Sanhaula, Dist. - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Sanhaula P.S. Case No. 08 of 2024 registered
for the offence under Sections 341, 323, 325, 504, 506, 34 of
I.P.C.
3. As per the prosecution case, in a free fight two
persons have sustained injury.
4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.58987 of 2025(5) dt.20-02-2026
2/2
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. Petitioners have clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the fact that no offence under
Section 307 I.P.C. is made out and there is case and counter case
between the parties, this application is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released 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 the learned A.D.J.-
XIV, Bhagalpur/ concerned Court below in connection with
Sanhaula P.S. Case No. 08 of 2024, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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