Patna High Court
Samodhi YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The High Court exercised its inherent powers under Section 482(2) of the BNSS to grant bail to the petitioner, subject to bond and surety conditions.
Summary
Samodhi Yadav applied for bail fearing arrest in a case (Chhakarbandha P.S. Case No.02 of 2025) involving offences under several sections of the Bihar Penal Code, arising from an altercation where he allegedly assaulted an informant’s husband with an iron rod, causing a broken hand and head injury, and was accused of snatching Rs 1 lakh. The petitioner argued the case was a retaliatory ‘counter‑blast’ to another case, that the injuries were minor, and that the dispute stemmed from a land issue. The State contended the injuries were serious and opposed bail. The Court noted the delay in filing the FIR, the simple nature of the injuries, and the circumstances of the dispute, and consequently ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS and a family member as one bailor.
Issues considered
- What is the appropriate exercise of the High Court's inherent powers under Section 482(2) of the BNSS in granting bail in this case?
- Do the facts—delay in FIR, nature of injuries, and underlying land dispute—justify the grant of bail despite the seriousness of the alleged offences?
Legislation cited
- Bihar Penal Code (BNS) — s. 115(2), 117, 118, 126, 191(2), 191(3), 303(2), 351(2-4), 352
Subjects
- bail
- Section 482
- high court inherent powers
- assault
- injury report
- FIR delay
- land dispute
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66688 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- CHAKARANDHA P.S. District- Gaya
======================================================
Samodhi Yadav S/o Doman Yadav R/o Village- Pichhuliya, P.S.-
Chhakarbandha, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Javed Jafar Khan, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 21-01-2026 Heard learned Advocate for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Chhakarbandha P.S. Case No.02 of 2025 registered for the
offences punishable under Sections 191(2), 191(3), 126, 115(2),
118, 117, 352, 303(2), 351 (2-4) of the BNS.
3. In the evening of the fateful day, while the
informant was sweeping in front of her door, the same was
resisted by the accused persons, whereupon the parties started
abusing to each other. In the meanwhile, when the husband of
the informant came to her rescue, the petitioner assaulted the
informant’s husband by means of iron rod due to which his
hand was broken and also sustained injury in his head. The son
of the petitioner along with his wife also assaulted the
Patna High Court CR. MISC. No.66688 of 2025(3) dt.21-01-2026
2/3
informant and others, besides, there is allegation of snatching of
rupees one lakh.
4. Learned Advocate for the petitioner submitted that
the present case is nothing but a counter blast to Chhakarbandha
P.S. Case No. 1 of 2025, which has been instituted by the
person of the petitioner’s side. The entire prosecution case falls
to the ground for the simple reason that all the injuries which are
allegedly sustained to the informant’s husband and his brother
are found to be simple in nature. To support the aforesaid
contention, attention of this Court has been drawn to the injury
report as well as the supplementary injury report. The reason
behind the said occurrence is said to be a land dispute. The
petitioner bears one criminal antecedent; however he is on bail
in the said case.
5. On the other hand, learned Advocate for the State,
vehemently opposed the bail application and submitted that
because of the assault being made by the petitioner, the
informant’s husband and others have sustained serious injuries.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the delay in lodging of the FIR, coupled with the simple
nature of injuries, besides the genesis of the occurrence, let the
Patna High Court CR. MISC. No.66688 of 2025(3) dt.21-01-2026
3/3
above named petitioner, be released on bail, in the event of his
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) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., Sherghati, Gaya in
connection with Chhakarbandha P.S. Case No.02 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 petitioner.
(Harish Kumar, J)
rohit/-
U T
Checking your session…