Patna High Court
Chansi Yadav @ Chansi Pd. Yadav @ Chatsi Pd. YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners had established a prima facie case for pre‑arrest bail and ordered its grant.
Summary
The petitioners, who are agnates involved in a land dispute, were charged under multiple sections of the B.N.S. and Section 12 of the POCSO Act for allegedly assaulting an informant and his family with weapons. They contended that the allegations were general and omnibus, that the incident arose from a self‑defence fight, and that they have a clean criminal record. The State opposed the pre‑arrest bail, arguing the seriousness of the offences. The Court examined the rival submissions, noted the existence of a case‑and‑counter‑case, and held that the petitioners had made out a prima facie case for bail. Consequently, the Court directed that the petitioners be released on pre‑arrest bail subject to a bond of Rs. 25,000 with two sureties and compliance with Section 438(2) of the CrPC.
Issues considered
- What is the appropriateness of granting pre‑arrest bail to the petitioners under the circumstances of the alleged offences?
- Do the facts indicate that the petitioners acted in self‑defence, thereby justifying bail?
Legislation cited
Subjects
- pre‑arrest bail
- land dispute
- self‑defence
- Criminal Procedure Code
- Section 438(2) CrPC
- POCSO Act
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8164 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
1. Chansi Yadav @ Chansi Pd. Yadav @ Chatsi Pd. Yadav, S/o Late Gendri Rai
@ Gendi Yadav
2. Murari Yadav @ Murari Kumar, S/o Chansi Yadav @ Chansi Pd. Yadav @
Chatsi Pd. Yadav
3. Manohar Kumar, S/o Chansi Yadav @ Chansi Pd. Yadav @ Chatsi Pd.
Yadav
4. Vishwanath Rai @ Vishwanath, S/o Late Binda Rai
5. Ranjan Kumar, S/o Paspat Yadav
6. Bunnilal Yadav @ Buni Lal, S/o Paspat Yadav
7. Surendra Rai, S/o Late Binda Rai
8. Paspat Rai, S/o Late Bhuli Rai
9. Sanju Devi, W/o Chandeshwar Yadav,
All are Resident of Village - Siswa Basant, P.S. - Kalyanpur, District - East
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sone Lal Rai S/o Amerika Rai Resident of Village - Siswa Basant, P.S. -
Kalyanpur, District - East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 05-05-2026 Heard Mr. Madhurendra Kumar, learned counsel
appearing on behalf of the petitioners and Mr. Abhay Kumar
Roy, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Kalyanpur P.S. Case No. 262 of 2025, registered for the
offence punishable under Sections 127(2), 115(1), 117(2),
118(2), 303(2), 351(2), 352 and 3(5) of the B.N.S. and Section
Patna High Court CR. MISC. No.8164 of 2026(4) dt.05-05-2026
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12 of the POCSO Act.
3. As per the allegation made in the FIR, petitioners
along with other co-accused armed with rod and other weapons,
with an intention to kill, had assaulted the informant and his
family members causing injury.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and they have
falsely been implicated in the present case. General and
omnibus allegation has been levelled against the petitioners.
Both the parties, who are agnates, were involved in dispute with
respect to a piece of land, due to which, an altercation took
place and both the sides entered into free fight and in the self-
defence, petitioners may have caused some injury to the persons
of the informant, without intention. Injuries sustained by the
informant side are found to be simple in nature except the injury
sustained by the informant on his right hand, which is grievous
in nature, however, the same is not on the vital part of the body.
There is case and counter case between the parties. Petitioners
have clean antecedent. On these grounds, petitioners seek to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
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6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that general and omnibus
allegation has been levelled against the petitioners. Both the
parties, who are agnates, were involved in dispute with respect
to a piece of land, due to which, an altercation took place and
both the sides entered into free fight and in the self-defence,
petitioners may have caused some injury to the persons of the
informant, without intention. There is case and counter case
between the parties. Petitioners have clean antecedent. I am of
the opinion that petitioners have, prima facie, made out a case to
be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 25,000/-
(Rupees Twenty Five Thousand) each with two sureties of the
like amount each to the satisfaction of learned 7 th District and
Additional Sessions Judge - cum - Special Judge, POCSO, East
Champaran, Motihari, Bihar/ court concerned, in connection
with Kalyanpur P.S. Case No. 262 of 2025, subject to the
condition as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify
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the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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