Patna High Court
Jagdambi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to cash bond, sureties and conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Jagdambi Yadav and his son Dharmendra Kumar, sought anticipatory bail fearing arrest in a case (PS No.166/2025) involving multiple IPC offences including assault, robbery and attempt to murder. They claimed to have clean antecedents, argued that the informant was a relative with whom they had a property dispute, and alleged that the injuries alleged were minor. The State opposed the bail, contending the seriousness of the offences. The court examined the nature of the allegations, the petitioners' background, and the risk of them fleeing or tampering with evidence. Considering the submissions, the court granted anticipatory bail subject to a cash bond, sureties and conditions under Section 482(2) of the CrPC. The order directed that the bail be released if the petitioners are arrested or surrender within six weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) CrPC to the petitioners accused of offences under Sections 126(2), 115(2), 74, 76, 303(2), 352, 351(2), 109(1) and 329(4) of the IPC.
- Whether the petitioners pose a risk of fleeing, tampering with evidence or influencing witnesses.
- Whether the petitioners' clean antecedent and young age justify the grant of bail despite the seriousness of the alleged offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 126(2), 303(2), 329(4), 351(2), 352, 74, 76
Subjects
- anticipatory bail
- Section 482 CrPC
- Indian Penal Code
- assault
- property dispute
- clean antecedent
- young accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76215 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
1. Jagdambi Yadav S/o Late Rameshwar Yadav Resident of village - Kandi, P.S
- Halsi, District - Lakhisarai
2. Dharmendra Kumar S/o Jagdambi Yadav Resident of village - Kandi, P.S -
Halsi, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manohar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 74, 76, 303(2), 352, 351(2), 109(1) and 329(4) of the
BNS.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
2 is a young boy aged about 19 years and the informant alleges
that accused persons including the petitioners came on
26.06.2025 and Dharmendra Kumar (petitioner no. 2) assaulted
him by Kudal but he managed to save himself. Further, the
accused assaulted the mother of the informant causing injury on
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her head thereafter Dharmendra Kumar dashed his wife to the
ground and unveiled her and took away money and ornaments
while Jagdambi Yadav (petitioner no. 1) and Lalinder Kumar
threatened with pistol. Further the mother of the informant was
admitted in a hospital. It is next alleged that on 27.06.2025
Jagdambi Yadav assaulted the father of the informant by Katta
causing injury on his head and rest accused assaulted him
causing injury. Further, his father was admitted in a hospital.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that petitioners and the
informant are related and are agnates and are having dispute
relating to property, as such, on the date of occurrence an
altercation took place in which both sides assaulted each other.
It is next submitted that even presuming what is alleged is true
without admitting then the injury suffered by the injured has
been opined to be simple in nature and the blow is not alleged to
have been repeated. It is also submitted that petitioner no. 2 is a
young boy aged about 19 years and if he is sent to judicial
custody his entire career would get jeopardized and chances are
bright that he may come in contact with the hardened criminals.
5. Learned A.P.P. for the State opposes the prayer for
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anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their arrest or surrender before the learned trial
court within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/Successor Court in connection with Halsi
P.S. Case No. 166 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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