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Patna High Court

Jay Narayan YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court ordered that petitioners 1, 3, 4 and 5 be released on bail subject to bond, surety and Section 482(2) conditions.

Summary

The petitioners, members of the Yadav family, were accused of assaulting the husband of an informant during a land dispute, with allegations of using a pistol, iron rod and other weapons, and of snatching valuables. They faced charges under multiple sections of the Bihar Non‑Compulsory Statutes (BNS), 2023, and sought bail. The State opposed bail, citing the seriousness of the injuries and the long‑standing enmity over the land. The court noted the delay in filing the FIR, the existence of a counter‑case, and the relatively minor nature of the petitioners' antecedents. Considering these factors, the court granted bail to petitioners 1, 3, 4 and 5, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNS, 2023.

Issues considered

  • Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the BNS, 2023.
  • Whether the long‑standing land dispute and the injuries sustained justify denial of bail.
  • Whether Section 482(2) of the BNS, 2023 permits the court to grant bail in this circumstance.

Subjects

  • bail
  • land dispute
  • assault
  • criminal procedure
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66671 of 2025
                     Arising Out of PS. Case No.-49 Year-2025 Thana- HASANPUR District- Samastipur
                 ======================================================
           1.     Jay Narayan Yadav Son of Late Gango Yadav R/o - Dudhpura, P.s -
                  Hasanpur, District - Samastipur, Bihar.
           2.    Sharwan Yadav @ Sharwan Kumar Yadav Son of Jay Narayan Yadav R/o
                 Village - Dudhpura, P.S. - Hasanpur, Dist. - Samastipur(Bihar).
           3.    Panna Lal Yadav Son of Jay Narayan Yadav R/o Village - Dudhpura, P.S. -
                 Hasanpur, Dist. - Samastipur(Bihar).
           4.    Gopal Yadav @ Gopal Kumar Yadav Son of Jay Narayan Yadav R/o Village
                 - Dudhpura, P.S. - Hasanpur, District - Samastipur, Bihar.
           5.    Ram Sajjan Yadav @ Sajjan Yadav Son of Jay Narayan Yadav R/o Village -
                 Dudhpura, P.S. - Hasanpur, District - Samastipur, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinay Kumar Mishra, Adv.
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   21-01-2026                     Heard learned Advocate for the petitioners and

                   learned Advocate for the State.

                                2. It has been apprised to this Court that the prayer for

                   bail on behalf of the petitioner no.2 has already been withdrawn

                   vide order dated 19.09.2025.

                                3. The petitioners no.1, 3, 4 and 5 are apprehending

                   their arrest in connection with Hasanpur P.S. Case No.49 of

                   2025 registered for the offences punishable under Sections

                   191(2), 191(3), 190, 115(2), 118(1), 117(2), 109, 303(2), 74, 352
Patna High Court CR. MISC. No.66671 of 2025(3) dt.21-01-2026
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          and 351(2) of the BNS, 2023.

                       4. Allegedly, on the fateful day, on 20.03.2025, while

          the accused persons, including the petitioners along with 8-10

          unknown persons were forcibly filling the soil in the vacant land

          of the informant and when the same was protested by the

          husband of the informant and other family members, the

          petitioners brutally assaulted the informant's husband by means

          of pistol, iron rod, barchhi, lathi, danda, and bricks. It is

          specifically alleged that Shravan Yadav and Panna Lal Yadav

          assaulted the husband of the informant on his head, whereas

          Sanjjan Yadav and Niraj Yadav assaulted Makeshwar Yadav

          with the butt of a gun and iron rod. Other co-accused persons

          assaulted other family members. There is a further allegation of

          snatching valuables, besides allegation of misbehaving.

                       5. Learned Advocate for the petitioners submitted that

          there is admitted long-standing enmity between the parties on

          account of a land dispute, which fact is also evident from the

          pendency of Title Suit No. 107 of 2004 before Sub Judge-IV,

          Rosera. The alleged occurrence took place on 20.03.2025, but

          the present FIR was instituted on 28.03.2025, without there

          being any explanation for the delay. Prior to the institution of

          the present case, person of the petitioners’ side has instituted
Patna High Court CR. MISC. No.66671 of 2025(3) dt.21-01-2026
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          Hasanpur P.S. Case No. 44 of 2025 against the husband of the

          informant and others. On the said incident, the persons of the

          petitioners’ side also sustained injuries, but the prosecution has

          failed to explain the injuries sustained to them. The injuries,

          which are allegedly sustained by the informant's husband is

          concerned, all of them have been found to be simple in nature,

          except injury no.3, for which final opinion has not been

          disclosed due to absence of dental opinion. The petitioners no. 1

          and 5 have absolutely clean antecedents, whereas petitioners no.

          3 and 4 are accused in one case; however, they undertake that

          they will fully cooperate in the proceedings of the Court.

                       6. On the other hand, learned Advocate for the State,

          vehemently opposed the bail application.

                       7. Having considered the submissions advanced by

          the learned Advocate for the respective parties and taking note

          of the long-standing land dispute leading to institution of case

          and counter case, coupled with the nature of injuries sustained

          to the informant's husband and others, let the above named

          petitioners no. 1, 3, 4 and 5, be released on bail, in the event of

          their arrest or surrender before the learned Court below within a

          period of four weeks from today, on furnishing bail bond of Rs.

          10,000/- (Ten thousand) each with two sureties of the like
              Patna High Court CR. MISC. No.66671 of 2025(3) dt.21-01-2026
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                        amount each to the satisfaction of learned Additional Chief

                        Judicial Magistrate 3rd Rosera, Samastipur in connection with

                        Hasanpur P.S. Case No.49 of 2025, subject to the condition as

                        laid down under Section 482(2) of the BNSS, with further

                        condition that one of the bailors shall be the own/close family

                        members of the petitioners.



                                                    (Harish Kumar, J)
rohit/-

U         T


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