Patna High Court
Ishwarlal Kumar Yadav @ Ishwar Lal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
The petitioner, Ishwarlal Kumar Yadav, sought anticipatory bail in connection with a land‑dispute case (Majhaulia PS Case No. 697 of 2025) where he was alleged to have caused grievous injury to the informant under several IPC offences. The prosecution alleged that the petitioner delivered a ‘farsa’ blow, while the petitioner contended that both parties had suffered injuries and that his injury was grievous whereas the informant’s was simple. The court noted the existence of a case and counter‑case, the petitioner’s lack of criminal antecedents, and the disparity in injury severity. Considering these factors, the court decided to grant anticipatory bail with a bond of Rs. 10,000 and specific conditions regarding sureties, court appearances, cooperation with police, and non‑tampering with witnesses. The order directed that the bail be effective upon arrest or surrender within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.
- Whether the disparity in injury severity between the petitioner and the informant justifies bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 3(5), 351(3), 352
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- land dispute
- grievous injury
- simple injury
- bail conditions
- flight risk
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6672 of 2026
Arising Out of PS. Case No.-697 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Ishwarlal Kumar Yadav @ Ishwar Lal Yadav Son of Harendra Yadav R/o
Village - Ahwar Kudiya, Ward no. 10, Police Station - Majhauliya, District -
West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Majhaulia P.S. Case No. 697 of 2025 for the
offence under sections 126(2), 115(2), 109, 303(2), 352, 351(3)
and 3(5) of the BNS lodged on 13.10.2025 by the informant, Hira
Prasad Yadav.
3. As per the prosecution story, the informant alleged
that due to land dispute, the accused persons armed variously
attacked the informant’s side and allegation against this petitioner
is of giving ‘farsa’ blow causing injury to the informant. This led
to the FIR.
4. Learned counsel for the petitioner submits that there
is case and counter-case and both sides have suffered injuries.
While the injury of the informant has been found to be simple in
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nature, so far as the petitioner herein is concerned, the injury has
been recorded as grievous which has been brought on record by
way of supplementary affidavit (Annexure-4 series).
5. Earlier, the Coordinate Bench had called for the case
diary and injury report which are now available.
6. Though learned APP, Mr. Bharat Bhushan opposes
the prayer, concede that there is case and counter-case and both
sides have suffered injuries.
7. Taking into account the submissions of the parties as
also that there is case and counter-case, both sides have suffered
injuries, while the petitioner herein has suffered grievous injury,
the informant’s injury has been found to be simple in nature and
this petitioner do not have any criminal antecedent, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned Chief Judicial Magistrate, Bettiah, West Champaran in
connection with Majhaulia P.S. Case No. 697 of 2025 subject to
the following conditions:
(i) one of the bailor should be the family
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member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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