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Patna High Court

Satendra Yadav @ Jamuna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, on the facts, the petitioner is entitled to anticipatory bail.

Summary

Satendra Yadav was apprehended of arrest in a FIR alleging offences under multiple sections of the Indian Penal Code and the Arms Act, stemming from a land dispute that led to violent clashes. The petitioner contended that he was innocent, the FIR was lodged after an undue five‑day delay, and that similar co‑accused had already been granted anticipatory bail. The State opposed the bail, arguing the seriousness of the charges. The court, considering the delay, the parity with co‑accused, and the petitioner's clean antecedents, allowed anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and a condition under Section 482(2) of the CrPC. The order directs that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious IPC and Arms Act allegations
  • Whether the delay in filing the FIR and the existence of a land‑dispute context justify bail
  • Whether parity with co‑accused who obtained anticipatory bail warrants the same relief

Legislation cited

Subjects

  • anticipatory bail
  • FIR delay
  • land dispute
  • IPC offences
  • Arms Act
  • bail conditions
  • parity
  • clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.86471 of 2025
                      Arising Out of PS. Case No.-1281 Year-2023 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Satendra Yadav @ Jamuna Yadav S/O Late Balram Yadav R/O Village-
                 Ghorjara, P.S- Sherghati, Distt.- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Ajay Kumar Sinha, Advocate
                                                  Mr. Anjani Kumar, Advocate
                 For the State            :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 147, 148,

                   149, 341, 323, 324, 325, 354B, 307, 379, 504 and 506 of the

                   Indian Penal Code and Section 27 of the Arms Act.

                                  3. The prosecution case, in brief, is that this petitioner,

                   along with other accused persons, unanimously assaulted

                   informant and his family members with deadly weapons due to

                   which, four persons sustained injuries.

                                  4. It is submitted by learned counsel appearing

                   on behalf of the petitioner that petitioner is quite innocent

                   and has committed no offence. Dispute with regard to
Patna High Court CR. MISC. No.86471 of 2025(2) dt.07-01-2026
                                            2/3




          possession over a piece of land led to maar-peet between the

          parties in which both sides sustained injuries. There is case and

          counter-case. The present F.I.R. has been lodged after inordinate

          delay of 5 days and there is no plausible explanation for the

          same which itself makes the entire prosecution case doubtful.

          Rest of the allegations are ornamental in order to make the case

          grave. Moreover, similarly situated co-accused persons have

          already been granted the privilege of anticipatory bail by a Co-

          ordinate Bench of this Hon’ble Court vide order dated

          03.09.2025 passed in Cr. Misc. No. 40412 of 2025. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, case and counter-case between the parties, claim based on

          parity and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.86471 of 2025(2) dt.07-01-2026
                                                         3/3




                       each to the satisfaction of learned A.C.J.M.-I, Sherghati, Gaya in

                       connection with Sherghati P.S. Case No. 1281 of 2023, subject

                       to condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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