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Patna High Court

Rajendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted to the petitioners, subject to a bond of Rs.10,000 and two sureties, in accordance with Section 482(2) of BNSS 2023.

Summary

The petitioners, five members of the Yadav family, were implicated in a land‑dispute altercation that led to the alleged assault of an informant, resulting in a simple injury as per the medical report. An FIR dated 28‑06‑2025 charged them under sections 126(2), 115(2), 303(2), 352 and 3(5) of the Bihar Negotiable (BNS) Act. Fearing arrest, they filed a bail petition before the Patna High Court. The State opposed the bail, but the Court considered the nature and severity of the injury, the circumstances of the dispute, and the statutory provisions governing bail. Relying on Section 482(2) of the Bihar Negotiable Special Statutes (BNSS) 2023, the Court ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the conditions prescribed. The petition was consequently disposed with bail granted to each petitioner.

Issues considered

  • Whether bail should be granted to the petitioners under Section 482(2) of BNSS 2023 despite the charges under sections 126(2), 115(2), 303(2), 352 and 3(5) of BNS.

Subjects

  • bail
  • criminal procedure
  • land dispute
  • assault
  • injury
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83048 of 2025
                     Arising Out of PS. Case No.-177 Year-2025 Thana- JANKINAGAR District- Purnia
               ======================================================
           1 . Rajendra Yadav S/O Jagdish Yadav R/O Village- Ithari, Ward No. 8, P.S-
                Janki Nagar, and Distt.- Purnea.
           2.    Prince Kumar S/O Sanoj Yadav R/O Village- Ithari, Ward No. 8, P.S- Janki
                 Nagar, and Distt.- Purnea.
           3.    Manoj Yadav @ Manoj Kumar S/O Late Jawahar Yadav R/O Village- Ithari,
                 Ward No. 8, P.S- Janki Nagar, and Distt.- Purnea.
           4.    Sanoj Kumar Yadav @ Sanoj Yadav S/O Late Jawahar Yadav R/O Village-
                 Ithari, Ward No. 8, P.S- Janki Nagar, and Distt.- Purnea.
           5.    Lalu @ Lallan @ Lalan @ Lallan Yadav @ Lallan Kumar S/O Dinesh Yadav
                 R/O Village- Ithari, Ward No. 8, P.S- Janki Nagar, and Distt.- Purnea.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rama Nand Poddar , Advocate
                 For the Opposite Party/s :        Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                                Heard learned counsel for the petitioners and

                   the State .

                          2. Petitioners apprehend his arrest in a case registered for

                   the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 303

                   ( 2 ), 352 and 3 (5) of BNS.

                            3 . As per F.I.R. on 28.06.2025, due to land dispute, an

                   altercation took place between both the parties in which it is

                   alleged that these petitioners along with other co-accused

                   persons assaulted informant due to which he sustained injury.
            Patna High Court CR. MISC. No.83048 of 2025(2) dt.05-01-2026
                                                        2/2




                      Doctor has found the injury simple in nature .

                                   4. Learned counsel for the State opposed the bail

                      petition .

                                    5 . Considering the aforesaid facts, nature of injury

                      and other circumstances of the case , in the event of arrest or

                      surrender within eight weeks from today, let the petitioners, as

                      named above, be enlarged 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 Chief Judicial

                      Magistrate Purnea in connection with Janki Nagar P.S. Case

                      No. 177 of 2025 , subject to the conditions laid down under

                      section 482 ( 2 ) of BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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