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Patna High Court

Nand Kishor YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners with conditions under Section 438(2) of the Cr.P.C.

Summary

The petitioners, Nand Kishor Yadav and Rama Nand Yadav, sought anticipatory bail fearing arrest in a land‑dispute assault case (Barharia P.S. Case No. 239 of 2025) involving multiple offences under the BNS. The prosecution alleged that petitioner 1 inflicted a sword blow and petitioner 2 a fist blow, also alleging theft of a mangalsutra and cash. The petitioners argued that the injuries were simple, they had no criminal antecedent, and they would cooperate with the investigation. The State opposed bail, contending that the assault was on a vital part and therefore serious. Considering the lack of prior record, the simple nature of injuries, and the petitioners’ undertaking to appear before police and courts, the Court granted anticipatory bail with stringent conditions under Section 438(2) of the Cr.P.C. The order required bail bonds, sureties, regular police appearances, and prohibitions against tampering with evidence or committing further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C.
  • Whether the nature of the alleged offences and the alleged assault on a vital part preclude anticipatory bail
  • Whether the petitioners’ lack of criminal antecedent and willingness to cooperate justify bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure Code
  • Bihar law
  • land dispute
  • assault
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76049 of 2025
                       Arising Out of PS. Case No.-239 Year-2025 Thana- BARHARIA District- Siwan
                 ======================================================
           1.     Nand Kishor Yadav S/O Rama Nand Yadav @ Ramanand Chaudhari
                  Resident of Village- Balapur, P.S- Barharia, Distt.- Siwan.
           2.    Rama Nand Yadav @ Ramanand Chaudhari S/O Bhagelu Chaudhri Resident
                 of Village- Balapur, P.S- Barharia, Distt.- Siwan.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Tiwary, Adv.
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER
3   20-02-2026                     Heard Mr. Ajay Kumar Tiwary, learned Counsel for the

                   petitioners and learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Barharia P.S. Case No. 239 of 2025 for the offence registered

                   under sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 3(5)

                   of the BNS.

                                3. As per the prosecution story, the informant alleged that

                   due to land dispute, the assault took place on the informant’s side,

                   petitioner no. 1 gave sword blow on the head while the petitioner no.

                   2 gave farsa blow on the hand. Further, allegation of snatching of

                   Mangalsutra and taking away cash amount are also there. This led to

                   the FIR.

                                4. Learned Counsel for the petitioners with the help of the

                   learned Sessions Judge order submitted that the injuries have been
Patna High Court CR. MISC. No.76049 of 2025(3) dt.20-02-2026
                                            2/3




          found to be simple in nature, there is case and counter case between

          both the sides. Further, they have no criminal antecedent and shall be

          co-operating in the investigation as also diligently appearing in trial,

          if granted relief.

                        5. Learned APP for the State, on the other hand, opposes

          the prayer for anticipatory bail submitting that allegation of assault

          on vital part is/are there.

                        6. Considering the submissions of the parties as also the

          fact that the petitioner do not have criminal antecedent, the injuries

          have been found to be simple in nature, an undertaking has been

          given that he shall be diligently appearing in trial, this Court is

          inclined to grant them the anticipatory bail with conditions.

                        7. Let the petitioners in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the order,

          shall be released on anticipatory bail on furnishing bail of Rs.

          10,000/- (ten thousand) each with two sureties of the like amount

          each to the satisfaction of the learned Additional Chief Judicial

          Magistrate-III, Siwan in connection with Barharia P.S. Case No. 239

          of 2025 subject to condition as laid down under Section 438(2) of

          the Cr.P.C.

                        (i) one of the bailor should be the family member/relative

          of the petitioner who shall provide official document to show his/her

          bona fide;

                        (ii) the petitioner(s) shall be appearing before the Police
           Patna High Court CR. MISC. No.76049 of 2025(3) dt.20-02-2026
                                                       3/3




                     Station as and when required for co-operating in the investigation;

                                  (iii) 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;

                                  (iv) the petitioner shall appear before the concerned police

                     station every fortnight for six months to mark his attendance and

                     after the end of the period, the certificate shall be submitted before

                     the Trial Court failing which steps shall be taken for the cancellation

                     of the bail bonds;

                                  (v) 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;

                                  (vi) 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)
Vijay Singh/-

U      T


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