Created by Fuzzy Cloud

Patna High Court

Madan Yadav @ MadanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.