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Patna High Court

Girja Yadav @ Girjo YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to bond and surety conditions.

Summary

The petitioners, five members of the Yadav family, sought anticipatory bail in connection with a criminal case (Katoria P.S. Case No. 219 of 2024) alleging assault, robbery and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners assaulted an informant's brother during a land dispute, causing injury and stealing a gold chain. 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, only against a co‑accused. The State opposed the bail, asserting the seriousness of the offences. Considering the lack of specific allegations, the delay in FIR, and the petitioners' clean record, the court ordered anticipatory bail on the condition of a Rs.15,000 bond and two sureties, subject to Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
  • Whether the delay in lodging the FIR and the absence of specific overt acts against the petitioners justify bail.
  • Whether the allegations under Sections 126(2), 115(2), 303(2), 351(2), 3(5) and 103(1) of the Bharatiya Nyaya Sanhita, 2023 warrant denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • FIR delay
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarika Suraksha Sanhita

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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