Patna High Court
Shatrughan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 482(2), 76
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
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