Patna High Court
Raju YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to petitioners 1, 2, 4 and 5 subject to bail bonds and conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioners, five members of the Yadav family from Dulamdih, Gaya, filed an anticipatory bail application fearing arrest in a case registered under Sections 190, 115, 76, 109, 303(2), 352 and 351(2) of the Indian Penal Code. The State had not produced the injury report at the time of the hearing, but the petitioners later submitted it, showing that most injuries were simple and that one alleged serious injury was still under medical opinion. The petitioners contended that they were falsely implicated by an informant who is a relative and has a property dispute with them, and that the allegations against some of them were vague and improbable. The State opposed the bail, arguing the seriousness of the offences. After considering the clean antecedents of the petitioners, the injury report, and the possibility of cooperation with the investigation, the Court granted anticipatory bail to petitioners 1, 2, 4 and 5, subject to a bail bond of Rs.10,000 with two sureties each and conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged.
- Whether the injury report and the claim of false implication by a related informant affect the likelihood of the petitioners fleeing or tampering with evidence.
- Whether the conditions prescribed under Section 482(2) of the Criminal Procedure Code are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115, 190, 303(2), 351(2), 352, 76
Subjects
- anticipatory bail
- false implication
- injury report
- property dispute
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80475 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
1. Raju Yadav S/o Lekha Yadav R/o Village- Dulamdih, PS- Barachatti, Distt.-
Gaya
2. Surendra Yadav S/o Uttam Yadav R/o Village- Dulamdih, PS- Barachatti,
Distt.- Gaya
3. Bilash Yadav @ Vilash Yadav S/o Budhan Yadav R/o Village- Dulamdih,
PS- Barachatti, Distt.- Gaya
4. Vijay Yadav S/o Etwar Yadav R/o Village- Dulamdih, PS- Barachatti, Distt.-
Gaya
5. Lekha Yadav S/o Indradeo Yadav @ Inder Yadav R/o Village- Dulamdih,
PS- Barachatti, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan
For the Opposite Party/s : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-02-2026 1. Heard the learned counsel for the petitioners no.1,
2, 4 and 5 and learned A.P.P. for the State.
2. The petitioner no.1, 2, 4 and 5 apprehend their
arrest in a case registered for the offences punishable under
Sections 190, 115, 76, 109, 303(2), 352, 351(2) of the
B.N.S./Indian Penal Code.
3. By order dated 28.01.2026 injury report of the
injured was called for but then the same till date has not been
received.
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4. Learned counsel for the petitioners submits that on
the date when the anticipatory bail application was filed, he was
not having the copy of the injury report but now he has a copy
of the injury report and from perusal of the same, it would
manifest that the injury suffered by the injured has been opined
to be simple in nature caused by hard and blunt substance
except for the injury of Shailendra Yadav with regard to whom
opinion with regard to injury no.1 is reserved and the injury
no.2 has been opined to be simple.
5. Learned counsel submits that petitioners are
persons with clean antecedent and the informant alleges that on
12.06.2025 at 8.30 P.M. he was waiting for his brother Lalu
along with mother and Baliram near the house of Raju, when 15
named accused persons including the petitioners came and
started abusing his mother, on protest, Raju with sword and
Surendra with khanti assaulted causing injury on head,
thereafter Sanjay and Lallan acted inappropriately with his wife,
further Bilas assaulted Kamaldeo and his mother with khanti,
lathi and danda causing injury on head of Kamaldeo and his
mother became unconscious, when villagers gathered, the
accused fled threatening.
6. Learned counsel submits that petitioners have been
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falsely implicated in the instant case by the informant. It is
further submitted that petitioners and informant are related and
are having dispute relating to property. It is next submitted that
from perusal of the allegation as alleged in the FIR, it would
manifest that as far as petitioner no.4 and 5 are concerned, the
allegations against them are general and omnibus in nature. It is
further submitted that as recorded hereinabove, the injury of
Lila Devi, Devkaliya Devi and Kamal Yadav have been opined
to be simple in nature and as far as Shailendra Yadav is
concerned, the injury no.2 has been opined to be simple but with
regard to injury no.1 i.e. lacerated wound of size 1 inch x ½ inch
skin deep over frontal area of scalp is reserved but then it is
submitted that Bilas is alleged to have assaulted Kamal Dev
with khanti, lathi, danda, which appears to be improbable that a
person would assault two persons at a time with different
weapon. It is also submitted that petitioners will not abscond
rather will cooperate in the investigation to prove their
innocence.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
8. Considering the submissions made by the learned
counsel for the petitioners, the petitioners no. 1, 2, 4 and 5,
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above-named, in the event of their arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned trial court where the case is pending/successor court
in connection with Barachatti P.S. Case No.223/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
9. The injury report produced by the learned counsel
for the petitioners is taken on record.
(Satyavrat Verma, J)
amit/-
U T
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