Patna High Court
Jay Narayan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
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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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