Patna High Court
Chandar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that, given the petitioners' fair antecedent and the comparable injuries on both sides, bail should be granted under Section 482(2) of the BNSS.
Summary
The petitioners, involved in a land dispute, were accused of assaulting an informant's family, causing injuries and alleged theft. They applied for bail, arguing that the injuries to both sides were minor and that they have a fair antecedent. The State opposed bail, emphasizing the seriousness of the assault and the injuries sustained by three victims. The Court examined the facts, the injury reports, and the petitioners' background, and concluded that bail could be granted under Section 482(2) of the Bihar Negotiable Sale (BNSS) Act. Accordingly, the petitioners were released on bail upon furnishing a bond of Rs.10,000 with two sureties, one of whom must be a close family member.
Issues considered
- Whether the petitioners are entitled to bail despite being charged under Sections 190, 191(2), 126(2), 109, 110, 74, 303(2), 352 and 351(2)(3) of the Bihar Negotiable Sale Act, 2023.
- Whether the nature and extent of injuries to the victims justify denial of bail.
Subjects
- bail
- assault
- land dispute
- Section 482
- Bihar Negotiable Sale Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85720 of 2025
Arising Out of PS. Case No.-415 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
1. Chandar Yadav S/o Late Pyare Yadav R/o Village - Ramganj, P.S - Ghosi,
District - Jehanabad
2. Raushan Kumar S/o Uday Yadav R/o Village - Ramganj, P.S - Ghosi,
District - Jehanabad
3. Kunti Devi W/o Chandar Yadav R/o Village - Ramganj, P.S - Ghosi, District
- Jehanabad
4. Devmanti Devi W/o Uday Yadav R/o Village - Ramganj, P.S - Ghosi,
District - Jehanabad
5. Puja Kumari D/o Uday Yadav R/o Village - Ramganj, P.S - Ghosi, District -
Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Adv.
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 05-01-2026 Heard learned Advocate for the petitioners and
learned Advocate for the State.
2. The petitioners apprehend their arrest in connection
with Ghosi P.S. Case No.415 of 2025 registered for the offences
punishable under Sections 190, 191(2), 126(2), 109, 110, 74,
303(2), 352, 351(2)(3) of the BNS, 2023.
3. In the morning of the fateful day, while the
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informant was in her house along with other family members, in
the meanwhile, the petitioners along with others variously
armed rushed there and started abusing. When the protest was
made, the petitioners along with others brutally assaulted the
informant and her other family members by means of iron rod
and farsa due to which they sustained serious injuries. The
petitioners also snatched the valuables, besides there is
allegation of outraging the modesty of the female members of
the family.
4. Learned Advocate for the petitioners taking this
Court through the FIR contended that admittedly there is a land
dispute between the parties which resulted into a free fight
leading to injuries to persons of both the sides. However, the
prosecution has failed to explain the injuries, which are
allegedly sustained to the persons of the petitioners’ side. There
is a counter version of the present case being Ghosi P.S. Case
No.416 of 2025. It is the specific case of the petitioners that they
have also sustained one grievous injury besides simple injuries.
It is further contended that though in the said incident, three
persons of the informant’s side sustained injuries, however, all
the injuries have been found to be simple in nature, except one
found on distal phalanx of thumb of the informant’s son,
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which is on non-vital part. The injury reports of the injured have
been placed on record as Annexure-2 series. The petitioners are
the persons of fair antecedent and they undertake that they will
fully cooperate in the proceeding of the Court or would not
indulge in such incidents in future.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
because of the assault being made by the petitioners, three
persons have sustained injuries and, as such, complicity of the
petitioners cannot be denied.
6. Having considered the submissions set forth by the
learned Advocate for the respective parties and taking note of
the genesis of the occurrence, coupled with the injuries
sustained to the persons of both the sides, besides the fair
antecedent of the petitioners, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned C.J.M., Jehanabad in connection with Ghosi P.S.
Case No.415 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS, with further condition that
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one of the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
rohit/-
U T
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