Patna High Court
Dilchand YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that bail must be granted to the petitioners, subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioners, three members of the Yadav family, were named in an FIR (Magadh University PS Case No.150 of 2022) for alleged assault that could have caused death, under IPC sections 341, 323, 308, 324, 504 and 506 read with section 34. They contended that the FIR was lodged 37 days after the incident and was motivated by a long‑standing land dispute and personal enmity, pointing out that the informant’s statement was recorded ten days after the alleged assault. The State argued that the informant sustained grievous head injury, justifying denial of bail. The Court examined the delay, the vague and omnibus nature of the allegations, and the possibility of a false case, and concluded that the procedural safeguards under Section 438(2) of the CrPC and Section 482(2) of the BNSS warranted bail. Consequently, the petitioners were ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the delay of 37 days in lodging the FIR and the vague nature of the allegations justify granting bail.
- Whether the alleged enmity and pending civil dispute render the FIR false or malicious.
- Whether the seriousness of the alleged offences under the IPC precludes bail.
Legislation cited
- Bihar Negotiable Instruments Act
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 308, 323, 324, 34, 341, 504, 506
Subjects
- bail
- delay in FIR
- false complaint
- enMity
- IPC offences
- CrPC
- BNSS
- magadh university case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79062 of 2025
Arising Out of PS. Case No.-150 Year-2022 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
1. Dilchand Yadav S/o Late Ram Pati Yadav,
2. Santosh Kumar @ Santosh Yadav, S/o Dilchand Yadav
3. Pintu Kumar @ Pintu Yadav, S/o Shivchand Yadav @ Shivnandan Yadav @
Shivchan Yadav
All are R/o Village- Chhechhu Bigha Bilauti, P.S.- Gurua, District- Gaya.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Magadh
University P.S. Case No.150 of 2022 registered under
Sections 341, 323, 308, 324, 504 and 506 read with 34 of
the Indian Penal Code.
3. As per FIR, the informant alleged to be assaulted
by petitioners and other co-accused persons, where alleged
assault may likely to cause his death.
4. It is submitted by learned counsel appearing for
petitioners that the wife of petitioner no.1 namely, Kamla
Patna High Court CR. MISC. No.79062 of 2025(4) dt.20-02-2026
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Devi lodged a case against informant’s father, brother and
others, which was registered as Gurua P.S. Case No.16 of
2019 and to create pressure as to compromise in aforesaid
matter, the present false case was lodged as an afterthought
when the informant met with a motorcycle accident. It is
submitted that the parties are in inimical terms and further a
civil suit is also pending between them qua land dispute. In
support of submission qua false implication out of previous
enmity, learned counsel for petitioners highlighted the fact
that as per FIR, the occurrence took place on 14.05.2022,
whereas the fardbeyan of injured/informant was recorded on
24.05.2022 but the FIR in issue was lodged on 20.06.2022.
It is submitted that allegation qua physical assault is
appearing very much general and omnibus in nature.
Explaining criminal antecedent, it is submitted that petitioner
nos. 1 and 2 found involved in one more criminal case, where
they are on bail, whereas petitioner no.3 is a man of clean
antecedent
5. Learned APP while opposing the prayer of bail
submitted that the informant has received grievous head
Patna High Court CR. MISC. No.79062 of 2025(4) dt.20-02-2026
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injury during the occurrence.
6. Let it be so, as the FIR in issue was lodged after
37 days of the occurrence, where the allegation qua physical
assault is appearing very much general and omnibus against
petitioners, accordingly, all three above-named petitioners, in
the event of their arrest or surrender in the court below within
a period of four weeks, are directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, First Class,
Gaya in connection with Magadh University P.S. Case No.150
of 2022, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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