Patna High Court
Arjun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Arjun Yadav was arrested on 20 August 2025 in connection with a land‑measurement dispute that allegedly escalated into an assault on the informant and his family, involving weapons such as axes, a pistol and an iron rod. The informant accused Yadav and co‑accused of the assault, leading to charges under several sections of the Bharatiya Nyay Sanhita, 2023. Yadav contended that he was falsely implicated, that the case stemmed from a land dispute, and that there was no specific allegation of his personal participation in the assault. The prosecution opposed bail, citing the seriousness of the offences and Yadav’s prior criminal antecedent. The court, after considering the submissions, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyay Sanhita, 2023
- Whether the petitioner’s alleged prior criminal antecedent warrants denial of bail
- Whether the land‑dispute context and lack of direct allegation of assault against the petitioner affect the bail decision
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126, 303, 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- land dispute
- assault
- Bharatiya Nyay Sanhita
- prior criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83064 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- Gehlaur District- Gaya
======================================================
Arjun Yadav S/o Baudhu Yadav R/o Vill - Amba Bigha, P.O. - Rajwara,P.S.-
Gehlaur, Distt- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate
For the State : Mr. Ashok Kumar Singh, APP
For the Informant : Mr. Ajay Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-01-2026 Heard Mr. Sanjay Kumar Pandey, learned counsel
for the petitioner, Mr. Ashok Kumar Singh, learned Additional
Public Prosecutor for the State as well as Mr. Ajay Kumar
Sinha, learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
20.08.2025 in connection with Gahlaur P.S. Case No. 32 of
2025, F.I.R. dated 17.04.2025 for the offences punishable under
Sections 126, 115(2), 352, 351(2), 109, 3(5), 74 and 303 of the
Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that when the measurement of land was going on, in the
meantime, the petitioner along with other co-accused persons
came and assaulted the informant and his family members by
Patna High Court CR. MISC. No.83064 of 2025(3) dt.17-01-2026
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means of axes, spaces, pistol and iron rod.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
false and fabricated and the petitioner is only the order giver in
the present case and the occurrence took place at the time of
measurement of land in question. There is case and counter case
between the parties and there is land dispute also between them
and there is no specific allegation of assault or overt act against
the petitioner. He further submits that the police after
investigation submitted the charge sheet and the petitioner is in
custody since 20.08.2025.
5. The learned Additional Public Prosecutor and
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submits that the petitioner
carries one criminal antecedent other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate-I Class, Gaya in connection with Gahlaur P.S. Case
No. 32 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.83064 of 2025(3) dt.17-01-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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