Patna High Court
Nand Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Checking your session…