Patna High Court
Shyam Sundar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that anticipatory bail is warranted as the allegations are vague, no specific overt act is attributed to the petitioners, and the FIR delay casts doubt on the prosecution's case, thereby granting bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioners, five Yadavs, sought anticipatory bail fearing arrest in a land‑dispute case (Katoria PS Case No. 219 of 2024) where they were alleged to have assaulted an informant’s brother, causing injury and theft of a gold chain. The prosecution charged them under Sections 126(2), 115(2), 303(2), 351(2), 3(5) and 103(1) of the Bharatiya Nyaya Sanhita, 2023. The petitioners contended they were falsely implicated, highlighted a two‑day delay in filing the FIR, and argued that no specific overt act was alleged against them. The court examined the vagueness of the allegations, the delay in the FIR, and the absence of a clear prima facie case, and consequently granted anticipatory bail subject to bail bonds and sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order directs the petitioners to surrender within six weeks if arrested and to comply with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the delay in lodging the FIR raises sufficient doubt to merit bail.
- Whether the prosecution has made a specific allegation of an overt act against each petitioner.
- Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, empowers the court to grant anticipatory bail in this circumstance.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 303(2), 3(5), 351(2)
Subjects
- anticipatory bail
- land dispute
- assault
- false implication
- delay in FIR
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77708 of 2025
Arising Out of PS. Case No.-219 Year-2024 Thana- KATORIYA District- Banka
======================================================
1. Shyam Sundar Yadav S/o Kisho Yadav Resident of village - Kaithatikar,
P.S.- Katoria, District- Banka
2. Manoj Yadav S/o Govind Yadav Resident of village - Kaithatikar, P.S.-
Katoria, District- Banka
3. Sanjay Yadav S/o Govind Yadav Resident of village - Kaithatikar, P.S.-
Katoria, District- Banka
4. Gopeshwar Yadav S/o Late Amir Yadav Resident of village - Kaithatikar,
P.S.- Katoria, District- Banka
5. Chunku @ Raksh Yadav S/o Girjo Yadav Resident of village - Kaithatikar,
P.S.- Katoria, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80122 of 2025
Arising Out of PS. Case No.-219 Year-2024 Thana- KATORIYA District- Banka
======================================================
Girja Yadav @ Girjo Yadav S/O Amir yadav Resident of village- Tithibaran,
P.s.- Katoria, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 77708 of 2025)
For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 80122 of 2025)
For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioners and learned
APP for the State. Perused the case diary.
Patna High Court CR. MISC. No.77708 of 2025(3) dt.09-02-2026
2/3
2. The petitioners apprehend their arrest in connection
with Katoria P.S. Case No. 219 of 2024, corresponding to GR
No. 3133 of 2024 instituted for the offences under Sections
126(2), 115(2), 303(2), 351(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and later on Section 103(1) of the Bharatiya
Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the accused
persons including the petitioners assaulted the informant’s
brother during a land dispute while cutting soil with a JCB,
causing head injury, snatched his gold chain, and he was treated
at Katoria Hospital and referred to J.L.N.M.C.H., Bhagalpur.
4. Learned counsel for the petitioners submitted that
the petitioners are innocent and have falsely been implicated in
the present case due to previous land dispute between the
parties. Learned counsel further submitted that there is a delay
of two days in lodging the FIR without any plausible
explanation, which in itself, raises doubt over the prosecution
story. Learned counsel for the petitioners submitted that general
and omnibus allegation has been made against the petitioners.
No specific overt act is alleged against the petitioners. The only
specific overt act is alleged against co-accused Pawan Yadav. It
has been submitted on behalf of the petitioners that the
Patna High Court CR. MISC. No.77708 of 2025(3) dt.09-02-2026
3/3
petitioners have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners, above named, in the event of
arrest/surrender before the lower court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Katoria P.S. Case
No. 219 of 2024, corresponding to GR No. 3133 of 2024,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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