Patna High Court
Rameshwar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Summary
The petitioners, a group of Yadavs, sought anticipatory bail fearing arrest in connection with Bheja Police Station Case No. 53 of 2021, which involved alleged offences under IPC sections 341, 323, 324, 307, 504 and 506/34 arising from a land dispute. The prosecution alleged that the petitioners assaulted the informant's family members, while the petitioners claimed innocence and argued that the allegations were general and omnibus. The petitioners highlighted that a similarly situated co‑accused, Agin Yadav, had already been granted anticipatory bail in a related matter. The State opposed the bail application. Considering the facts, the similarity to the earlier bail order, and the need to protect the petitioners from arrest, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS, for a period of four weeks.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations in Bheja PS Case No. 53 of 2021
- Whether the grant of anticipatory bail to a similarly situated co‑accused (Agin Yadav) influences the decision in the present petition
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 307, 323, 324, 341, 504, 506/34
Subjects
- anticipatory bail
- land dispute
- assault
- IPC offences
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76504 of 2025
Arising Out of PS. Case No.-53 Year-2021 Thana- BHEJA District- Madhubani
======================================================
1. Jaishankar Yadav @ Jaishankar Kumar Yadav S/o- Ganesh Yadav R/o
village- Koriyadhant, P.S.- Bheja, Distt.- Madhubani
2. Ganesh Yadav S/o- Late Matuki Yadav R/o village- Koriyadhant, P.S.-
Bheja, Distt.- Madhubani
3. Umesh Yadav @ Umesh Kumar Yadav S/o- Late Matuki Yadav R/o village-
Koriyadhant, P.S.- Bheja, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 77611 of 2025
Arising Out of PS. Case No.-53 Year-2021 Thana- BHEJA District- Madhubani
======================================================
1. Rameshwar Yadav Son of Late Banbari Yadav R/o Village- Koriyadhant,
P.S.- Bheja, District.- Madhubani
2. Bhupendra Yadav @ mupedra yadav son of Rameshwar Yadav R/o Village-
Koriyadhant, P.S.- Bheja, District.- Madhubani
3. Arjun Yadav son of Mahaveer Yadav R/o Village- Koriyadhant, P.S.- Bheja,
District.- Madhubani
4. Muneshwar yadav Son of Late Mahtab yadav R/o Village- Koriyadhant,
P.S.- Bheja, District.- Madhubani
5. Ashok Yadav Son of Late Matuki Yadav R/o Village- Koriyadhant, P.S.-
Bheja, District.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 76504 of 2025)
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
(In CRIMINAL MISCELLANEOUS No. 77611 of 2025)
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 05-05-2026 Heard the parties.
2. Both these cases arise from the same P.S. case and
therefore they are being heard together and are being disposed
Patna High Court CR. MISC. No.76504 of 2025(4) dt.05-05-2026
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of by this common order.
3. The petitioners apprehend their arrest in connection
with Bheja P.S. Case No. 53 of 2021, corresponding to G.R. No.
1034/2021, registered for offences under Sections 341, 323,
324, 307, 504, 506/34 of the Indian Penal Code.
4. As per prosecution case, due to land dispute, all the
named accused persons assaulted the family members of the
informant.
5. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that there are general and omnibus
allegations against the petitioners of having assaulted the victim.
There is case and counter case also in which one person has died
from the side of the petitioners. A similarly situated co-accused
person, namely, Agin Yadav @ Agin Kumar Yadav has already
been granted the privilege of anticipatory bail by this Court vide
order dated 24.02.2026 passed in Cr. Misc. No. 2093 of 2026.
6. Learned APP for the State has vehemently opposed
the prayer for bail.
7. Considering the aforesaid fact and circumstances of
the case and the fact that the similarly situated co-accused
person has been granted privilege of anticipatory bail, this Court
Patna High Court CR. MISC. No.76504 of 2025(4) dt.05-05-2026
3/3
is inclined to grant privilege of anticipatory bail to the
petitioners.
8. Accordingly, in the event of arrest or surrender
before the Court below within four weeks from today, let the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned Court
concerned where the case is pending/successor court in
connection with Bheja P.S. Case No. 53 of 2021, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973/ under section 482(2) of the BNSS.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
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