Patna High Court

Shivji YadavversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL REJECTED
Bench: SHAILENDRA SINGH

Holding

Anticipatory bail was denied as the case was not fit for such relief.

Summary

The petitioner, Shivji Yadav, sought anticipatory bail after an FIR was lodged by his own mother alleging that he assaulted her with an iron rod, causing severe injuries. The prosecution alleged that the petitioner verbally abused and threatened his mother, then assaulted her, and that the informant’s daughter‑in‑law also struck the victim. The petitioner contended that the injury was caused by a falling branch and that the FIR was false, motivated by a land dispute and collusion with his father. The State opposed the bail, emphasizing the seriousness of the alleged assault and the victim’s hospitalization. The court, noting the gravity of the charges and the ongoing investigation, held that the case was not suitable for anticipatory bail and rejected the petitioner's prayer.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged assault on his mother.

Legislation cited

Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352

Subjects

anticipatory bail
assault
domestic violence
false FIR
land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7973 of 2026
                        Arising Out of PS. Case No.-388 Year-2025 Thana- BIHIA District- Bhojpur
                 ======================================================
                 Shivji Yadav, S/o Lakshman Prasad Singh, Resident of Village- Bihiya Gaon,
                 Police Station- Bihiya, Distt.- Bhojpur.              ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   17-02-2026                  1. Heard the parties.

                                2. Petitioner apprehends his arrest in connection with

                   Bihiya P.S. Case No. 388 of 2025 dated 18.10.2025 registered

                   for the offences punishable under Sections 126(2), 115(2),

                   109(1), 351(2), 352 and 3(5) of the BNS.

                                3. As per the prosecution story, the informant’s wife

                   was cooking food at home, in the meantime, the petitioner,

                   talking rubbish, came there and started abusing his mother (the

                   wife of the informant), questioning why she was stopping him

                   from drinking liquor and threatened to kill her. Thereafter, he

                   picked up an iron rod kept in the house and assaulted her on the

                   head, causing severe injuries. Further, the daughter-in-law of the

                   informant allegedly hit her on the stomach with a brick.

                                4. The main submissions advanced by petitioner’s

                   counsel are that the petitioner’s own mother lodged the FIR
              Patna High Court CR. MISC. No.7973 of 2026(2) dt.17-02-2026
                                                          2/2




                        against him alleging that he assaulted her on the head but the

                        said allegation is completely false, in fact, a wooden part of the

                        branch of bur-flower (Kadam) tree fell on the head of the

                        petitioner's mother in the garden resulting in her head injury. It

                        is further submitted that father of the petitioner had sold the

                        ancestral land in favor of one Sushila Devi without the consent

                        of petitioner thereafter a Title Suit bearing no. 59 of 2025 was

                        filed by the petitioner which is still pending and due to the said

                        enmity, a false case has been lodged by the mother of the

                        petitioner in collusion with the petitioner’s father.

                                     5. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioner.

                                     6.    Considering the seriousness of the allegation

                        appearing against this petitioner who allegedly assaulted his

                        own mother by means of iron road and as per the FIR she was

                        referred to IGMS hospital, Patna where she was under treatment

                        till the registration of the FIR and the case is under

                        investigation, in my opinion, it is not a fit case for anticipatory

                        bail to the petitioner, Accordingly his prayer stands rejected.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T

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