Patna High Court
Kapil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, Kapil Yadav and Aditya Kumar, applied for anticipatory bail fearing arrest in a case arising from a land dispute where they were accused of assaulting a woman and her husband under IPC sections 341, 323, 308, 504 and 34. They contended that the alleged assault on the husband was fabricated and that no injury was recorded, rendering the FIR allegations weak. The State opposed the bail but could not refute the claim of no injury. The Court, noting the lack of corroborative injury report and the dispute's civil nature, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, imposing standard bail conditions. The petitioners were ordered to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions such as appearing before the trial court and not tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging assault under multiple IPC sections.
- Whether the absence of an injury report undermines the prosecution's case and justifies bail.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita are appropriate.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 308, 323, 34, 341, 504
Subjects
- anticipatory bail
- land dispute
- assault
- IPC
- Section 438
- Section 482
- bail conditions
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6730 of 2026
Arising Out of PS. Case No.-11 Year-2021 Thana- NIMCHAKBATHANI District- Gaya
======================================================
1. Kapil Yadav S/O Late Baburam Yadav R/O Village- Neemchak Bathani,
P.S.- Neemchak Bathani, Dist.- Gaya.
2. Aditya Kumar S/O Vinod Prasad @ Binod Yadav R/O Village- Neemchak
Bathani, P.S.- Neemchak Bathani, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Neemchak Bathani P.S. Case No.11 of 2021,
F.I.R dated 17.01.2021 registered for the offences punishable
under Sections 341, 323, 308, 504 and 34 of the Indian Penal
Code.
3. According to prosecution case, on 15.01.2021 at
about 5:30 PM, while Rekha Devi was returning home, the
accused Aditya Kumar and Kapil Yadav intercepted, abused,
and assaulted her with a lathi and rod. When her husband, the
informant, arrived after hearing her cries, he was also assaulted.
Co-villagers intervened and rescued them.
4. Learned counsel for the petitioners submits that for
a land dispute, the incident is said to have taken place and the
Patna High Court CR. MISC. No.6730 of 2026(2) dt.04-02-2026
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allegations of assault to the informant by lathi and rod are false
and fabricated and there is no injury caused to the informant to
corroborate the veracity of assault upon the informant. It has
further been submitted that the petitioners have one criminal
antecedent but he is on bail in the said case.
5. Learned APP for the State opposes the prayer for
anticipatory bail application but is not in a position to controvert
the submission of there being no injury caused to the informant
in the said scuffle.
6. Considering the aforesaid facts and circumstances
that the present matter arose on account of land dispute and
there being no injury report to corroborate the allegations made
in the F.I.R. Accordingly, this Court is inclined to grant the
privilege of anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.C.J.M.X, Gaya, in connection with Neemchak
Bathani P.S. Case No.11 of 2021, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.6730 of 2026(2) dt.04-02-2026
3/3
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(v) the learned Trial Court is directed to verify from
the records with regard to correctness of the injury report before
accepting the bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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