Patna High Court
Madan Yadav @ MadanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Madan Yadav and Kailash Yadav, applied for anticipatory bail fearing arrest in a case (P.S. Case No. 53 of 2025) alleging multiple offences under the B.N.S., including assault with an iron rod. They claimed innocence, asserting that the informant is their brother and the dispute stems from a land conflict, and that they have clean antecedents. The prosecution opposed the bail, relying on the serious nature of the charges. The court examined the facts, the medical report, and the possibility of the petitioners fleeing or tampering with evidence. Considering the circumstances, the court allowed the anticipatory bail, directing release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 of the Code of Criminal Procedure in view of the offences alleged under the B.N.S.
- Whether the nature of the alleged offences and the circumstances justify denial of bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 482, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- assault
- land dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81814 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- Patauna District- Madhubani
======================================================
1. Madan Yadav @ Madan Son of Sutur Yadav R/o Village - Lohara, P.S. -
Patauna, Dist. - Madhubani.
2. Kailash Yadav @ Kailash Ray @ Ram Kailash Ray Son of Late Sutur Yadav
R/o Village - Lohara, P.S. - Patauna, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Patauna P.S. Case No. 53 of 2025 registered for
the offence under Sections 126(2), 115(2), 118(1), 117(2), 109,
74, 352, 351(2), 3(5) of the B.N.S.
3. As per the prosecution case, petitioner is
accused of assaulting the informant with iron rod on his head.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
both the informant and petitioners are brothers because of
Patna High Court CR. MISC. No.81814 of 2025(4) dt.25-02-2026
2/2
dispute over land they have fought with each other because of
which injury has been sustained by both the petitioner and the
informant. Petitioners have clean antecedent.
5. The Doctor who has given the injury report has
appeared and has submitted his explanation.
6. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
7. Considering the aforesaid facts, this application
is allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned J.M.,
Benipatti/ concerned Court below in connection with Patauna
P.S. Case No. 53 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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