Created by Fuzzy Cloud

Patna High Court

Shatrughan YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioner subject to specified conditions.

Summary

The petitioner, Shatrughan Yadav, applied for pre‑arrest bail in connection with PS Sikti Case No. 133 of 2025, which alleged offences under several sections of the Bharatiya Nagrik Suraksha Sanhita, 2023. The incident involved a land dispute where the petitioner allegedly seized the informant while the informant’s field was being ploughed, and a co‑accused assaulted the informant causing grievous injury. The petitioner contended that the FIR only implicated the co‑accused for the assault and that there was no overt act attributable to him, citing a clean recent record and a counter‑complaint. The State argued that the petitioner actively participated in the crime, leading to the informant’s injury. Considering the limited allegation against the petitioner, the injury being caused by the co‑accused, and the pending land dispute, the Court granted bail with conditions under Section 482(2) of the BNS, 2023.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite allegations of participation in offences under the BNS, 2023
  • Whether the injury to the informant can be attributed to the petitioner or solely to co‑accused

Legislation cited

Subjects

  • pre‑arrest bail
  • bail conditions
  • criminal procedure
  • land dispute
  • assault
  • grievous injury
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85538 of 2025
                          Arising Out of PS. Case No.-133 Year-2025 Thana- SIKTI District- Araria
                 ======================================================
                 Shatrughan Yadav Son of Late Gayanand Yadav Resident Of Village
                 -Dahgama, Ward No 04, Panchayat Dahgama, P S -Sikti District -Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Gopal Kumar Jha, Adv.
                 For the Opposite Party/s :         Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   05-01-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Sikti P.S. Case No. 133 of 2025, registered for the offences

                   punishable under Sections 126(2), 115(2), 109, 76, 303(2),

                   118(1) and 3(5) of the BNS, 2023.

                                3. Allegedly on the fateful day, while the petitioner

                   along with others forcibly ploughing the field of the informant

                   through the tractor and when the same was objected, this

                   petitioner caught hold the informant, whereupon co-accused

                   Nageshwar Yadav @ Rajesh Yadav assaulted him by means of

                   spade, due to which she sustained serious injury over her nose.

                   There is further allegation against the other accused persons of

                   snatching of valuables.
Patna High Court CR. MISC. No.85538 of 2025(2) dt.05-01-2026
                                            2/3




                       4. Learned Advocate for the petitioner taking this

          Court through the FIR contended that the specific allegation has

          been levelled against co-accused Nageshwar Yadav @ Rajesh

          Yadav, who is not before this Court. So far the petitioner is

          concerned, he is said to be a person, who caught hold the

          informant. There is no allegation of any overt act against him.

          So far the criminal antecedent of the petitioner is concerned, the

          same is of 2003 and in the recent past, the petitioner has not

          been made accused in any other case. The reason behind the

          said occurrence is nothing but a land dispute. Moreover, there is

          a counter version of the present case being Complaint Case No.

          1462 of 2025, instituted against the informant and others. It is

          lastly contended that the petitioner undertakes the he will fully

          co-operate in the proceeding of the Court and abide by the terms

          and conditions, as would be imposed by this Court.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          petitioner has actively participated in the crime, resulting into

          grievous injury sustained to the informant.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the limited accusation against the petitioner, coupled with the
            Patna High Court CR. MISC. No.85538 of 2025(2) dt.05-01-2026
                                                        3/3




                      fact that the grievous injury sustained to the informant is

                      attributed to co-accused persons, besides the pending land

                      dispute as well as the case and counter case, let the petitioner

                      above named be released on bail, in the event of his arrest or

                      surrender before the court below within a period of four weeks

                      from the date of receipt/production of a copy of this order, upon

                      furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Judicial Magistrate 1st Class, Araria in connection with Sikti P.S.

                      Case No. 133 of 2025, subject to the conditions laid down in

                      Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

                      with the further condition that one of the bailors shall be the

                      own/close family members of the petitioner.



                                                  (Harish Kumar, J)
shivank/-

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.