Patna High Court
Rajnandan YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to petitioners 4‑8, while the application is dismissed as withdrawn for petitioners 1‑3.
Summary
The petitioners, members of the Yadav family, were implicated in a land dispute that escalated into an assault and robbery of an informant's husband on 6 January 2025, leading to FIR charges under multiple sections of the B.N.S. 2023. Petitioners 1, 2 and 3 were arrested during the pendency of the application, prompting a request to withdraw the bail application for them, which the court permitted. The remaining petitioners (4‑8) feared arrest in connection with the same case and sought anticipatory bail, arguing that the injuries were simple and the dispute was civil in nature. The court, noting the land dispute, the existence of a counter‑case, and the minor nature of the injuries, granted anticipatory bail to petitioners 4‑8 subject to a bail bond and sureties, and dismissed the application as withdrawn for petitioners 1‑3. The bail is to be effective for four weeks from the order, subject to conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to petitioners 4‑8 in view of the alleged offences under Sections 109, 115(2), 117(2), 118(1), 126(2), 190, 191(3), 351(2) and 351(3) of the B.N.S. 2023.
- Whether the land dispute and the simple nature of injuries justify the grant of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(3), 351(2), 351(3)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- land dispute
- assault
- robbery
- Section 482
- Bihar criminal law
- simple injuries
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84508 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
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1. Rajnandan Yadav S/o Late Dwarika Yadav R/o Village - Sahodachak
Balapar, P.S - Makhdumpur, District - Jehanabad
2. Mungeshwar Yadav @ Muneshwar Yadav S/o Late Dwarika Yadav R/o
Village - Sahodachak Balapar, P.S - Makhdumpur, District - Jehanabad
3. Rabindra Yadav S/o Late Dwarika Yadav R/o Village - Sahodachak Balapar,
P.S - Makhdumpur, District - Jehanabad
4. Binod Yadav @ Binod Kumar S/o Mungeshwar Yadav R/o Village -
Sahodachak Balapar, P.S - Makhdumpur, District - Jehanabad
5. Guddu Kumar @ Guddu Yadav S/o Binod Yadav R/o Village - Sahodachak
Balapar, P.S - Makhdumpur, District - Jehanabad
6. Dharmendra Yadav @ Dharmendra Kumar @ Bhola Yadav S/o Rajnandan
Yadav R/o Village - Sahodachak Balapar, P.S - Makhdumpur, District -
Jehanabad
7. Pankaj Yadav @ Pankaj Kumar S/o Rajnandan Yadav R/o Village -
Sahodachak Balapar, P.S - Makhdumpur, District - Jehanabad
8. Brajesh Yadav @ Barjesh Kumar S/o Rajnandan Yadav R/o Village -
Sahodachak Balapar, P.S - Makhdumpur, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Soni Kumari
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 15-04-2026 1. At the very out, learned counsel for the petitioners
submits that during pendency of this application, the petitioner
nos. 1, 2 & 3 has been arrested. Accordingly, he seeks
permission to withdraw this application with respect to the
aforesaid petitioner nos. 1, 2 & 3.
2. Permission is granted.
Patna High Court CR. MISC. No.84508 of 2025(3) dt.15-04-2026
2/3
3. The application is dismissed as withdrawn qua the
petitioner nos. 1, 2 & 3.
4. Heard the parties.
5. The remaining petitioners apprehends their arrest in
connection with Makhdumpur P.S. Case No. 08 / 2025
dated 07.01.2025 registered under Section 109, 115(2), 117(2),
118(1), 126(2), 190, 191(3), 351(2), 351(3) of the B.N.S. 2023.
6. As per the F.I.R. on 06.01.2025 the informant’s husband
was returning back to the village after selling paddy crops in the
meanwhile the petitioners along with other accused persons
assaulted the informant’s husband. The petitioner no. 6 started
firing and the petitioner nos. 4, 5 & 7 assaulted informant’s
husband with sharp cutting weapon. The petitioner no. 8
snatched Rs. 50,000/- from his pocket.
7. Learned counsel for the petitioners submits that there is
long standing land dispute between the parties. Case and counter
case has been filed for an occurrence which has taken place on
the same date and time having Makhdumpur P.S. Case No. 07 of
2025. The injuries sustained by the husband of the informant are
simple in nature as would be evident from the impugned order
itself.
8. Regard being had to the submission made by the
Patna High Court CR. MISC. No.84508 of 2025(3) dt.15-04-2026
3/3
parties, taking into consideration the fact that there is land
dispute between the parties, case and counter case is also there
and injuries are simple in nature, accordingly, I am inclined to
grant anticipatory bail to the petitioner nos. 4 to 8.
9. Let the petitioner nos. 4 to 8 , above named, be released
on anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
Additional Chief Judicial Magistrate -Ist, Jehanabad in
connection with Makhdumpur P.S. Case No. 08 / 2025
subject to the condition as laid down under Section 482 (2) of
the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
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