Patna High Court
Satendra Yadav @ Jamuna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 341, 354B, 379, 504, 506
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
Checking your session…