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Patna High Court

Samodhi YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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