Patna High Court
Bindeshwari YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioners subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioners, Bindeshwari Yadav and Tun Tun Yadav, were arrested in connection with a land‑dispute case (Rupauli PS Case No. 193 of 2024) alleging offences under Sections 127(1), 115(2), 118, 109, 352 and 351(1) of the B.N.S., 2023. They contended that they were falsely implicated, citing a prior case (Rupauli PS Case No. 190 of 2024) they had filed against the informant’s side for similar offences. The State argued that specific allegations, particularly against petitioner 1 for assault, justified continued detention. The Court, noting the petitioners’ clean antecedent, the submission of the charge‑sheet, and the length of their custody since 30 June 2025, decided to grant bail. Bail was conditioned on a bond of Rs 10,000 with two sureties, a relative as bailor, attendance at court dates, and cancellation upon three consecutive absences, pursuant to Section 480(3) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023.
- Whether the specific allegations against petitioner 1 constitute sufficient ground to deny bail.
- Whether the petitioners' clean antecedent and the filing of the charge‑sheet warrant bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118, 127(1), 351(1), 352
- B.N.S.S. — s. 480(3)
Subjects
- bail
- land dispute
- assault
- criminal procedure
- clean antecedent
- Section 127
- Section 115
- Section 118
- Section 109
- Section 352
- Section 351
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70311 of 2025
Arising Out of PS. Case No.-193 Year-2024 Thana- RUPAULI District- Purnia
======================================================
1. Bindeshwari Yadav S/O Late Kallar Yadav, R/O Village- Dobha Garh, P.S-
Rupouli, Distt.- Purnea.
2. Tun Tun Yadav @ Tun Tun Kumar S/O Bindeshwari Yadav, R/O Village-
Dobha Garh, P.S- Rupouli, Distt.- Purnea.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Raj Kashyap, Advocate
Mr. Siyaram Shahi, Advocate
For the Opposite Party : Mr. (Dr.) Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Rupauli P.S. Case No. 193 of 2024 dated
01.12.2024, registered for the offences punishable under
Sections 127(1), 115(2), 118, 109, 352 and 351(1) of the B.N.S.,
2023.
3. As per the prosecution case, in the background of
land dispute, petitioners and other co-accused persons abused
and assaulted the informant and his brother causing a number of
injuries to them.
4. Learned counsel appearing on behalf of the
petitioners submits that petitioners are innocent and they have
Patna High Court CR. MISC. No.70311 of 2025(3) dt.06-01-2026
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falsely been implicated in the present case. Petitioner no. 1
namely, Bindeshwari Yadav has instituted Rupauli P.S. Case No.
190 of 2024 registered under Sections 127(1), 115(2), 118, 109,
252 and 351(1) of the B.N.S., 2023 against the informant’s side,
who are assailants. The informant’s side forcibly cultivated the
land of the petitioners and also brutally assaulted the petitioners.
The case of the petitioners is prior in time. From the facts of the
case, no offence under Section 109 of the B.N.S., 2023 is made
out against the petitioners. The allegation agaisnt petitioner no.
2 is general and vague. Learned counsel next submits that
petitioners are having clean antecedent and chargesheet has
been submitted. Learned counsel lastly submits that petitioners
are in custody since 30.06.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioners and
submits that there is specific allegation agaisnt petitioner no. 1
for assaulting the informant.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case between the parties and further
considering the clean antecedent of the petitioners, their period
of custody and submission of chargesheet, the petitioners,
Patna High Court CR. MISC. No.70311 of 2025(3) dt.06-01-2026
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above-named, are directed to be released on bail, on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each
with two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-IV, Purnea / concerned Court,
in connection with Rupauli P.S. Case No. 193 of 2024, subject
to the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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