Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail should be granted to the petitioner.
Summary
Ashok Yadav applied for anticipatory bail in a case where he was alleged to have assaulted Murari Yadav with an axe, causing injury to the leg. The FIR, stemming from a land dispute, listed several offences under the Bharatiya Nyaya Sanhita. The petitioner argued that the injury was to a non‑vital part, that the grievous nature of the wound was caused by another accused, and that he has no prior criminal record. The court noted the land‑dispute background, the limited nature of the alleged injury, and the petitioner’s clean record. Accordingly, the court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the nature of the alleged injury (non‑vital part) and lack of prior criminal antecedent justify granting bail.
- Whether the underlying land dispute affects the credibility of the FIR and the necessity of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- criminal procedure
- land dispute
- assault
- grievous hurt
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85729 of 2025
Arising Out of PS. Case No.-62 Year-2024 Thana- Khesar District- Banka
======================================================
Ashok Yadav Son of Bhudev Yadav Resident of Village - Madhyagiri, P.S. -
Belhar(Kheshar), Dist. - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Mishra, Advocate
For the State : None
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 06-04-2026 No-one appears for the State
2. Heard learned Counsel for the petitioner.
3. The petitioner apprehends his arrest in connection with
Khesar Police Station Case No. 62 of 2024, registered for the
offences punishable under Sections 126(2), 115(2), 118(1), 117(2),
109, 74, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
4. The prosecution case, as per the First Information
Report, is that on 26.11.2024, in the evening, while the informant and
her husband were sitting at the door, co-accused persons arrived there
armed with axe, lathi, danda etc. in their hands, started abusing the
informant’s husband. Upon protest, co-accused Pradeep Kumar
assaulted him with axe on his head. Thereafter, other accused persons
also assaulted the informant’s husband with lathi, danda etc.
Subsequently, six other accused persons named in the FIR arrived,
armed with axe, lathi, danda, gandasas etc. in their hands and again
started abusing the informant’s husband and upon protest, assaulted
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him. When Murari Yadav intervened in order to save the informant’s
husband, Aanandi Yadav, with an intention to kill, assaulted him with
an axe on his head, causing head injury. Thereafter, the petitioner,
along with two or three other accused persons, arrived, started
abusing, and the petitioner assaulted Murari Yadav on his left leg
with axe, causing injury.
5. Learned Counsel for the petitioner submits that
petitioner has falsely been implicated in this case due to land dispute
between the parties and village politics. The petitioner has been made
accused on the last portion of the FIR, wherein the allegation is
against two persons, including the petitioner. The allegation against
co-accused Anandi Yadav is that he assaulted Murari Yadav on his
head with axe, causing head injury, whereas the allegation against the
petitioner is that he assaulted Murari Yadav on the leg, which is a
non-vital part of the body. Although the doctor has opined the injury
as grievous in nature, the same may have been caused on the head by
co-accused Aanandi Yadav and not by the petitioner. Petitioner is
having no criminal antecedent.
6. Regards being had to the submissions made on behalf
of the parties and taking into consideration the fact that that there is
land dispute between the parties, the injury caused to the victim is
attributable to the petitioner on a non-vital part of the body, petitioner
is having no criminal antecedent, I am inclined to grant the petitioner
privilege of anticipatory bail.
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7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, 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 learned Chief Judicial Magistrate, Banka, in
connection with Khesar Police Station Case No. 62 of 2024, subject
to the condition laid down under Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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