Patna High Court

Sudhir YadavversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that anticipatory bail could not be granted because the petitioner was specifically charged with a serious assault that resulted in death.

Summary

The petitioner, Sudhir Yadav, applied for anticipatory bail after being named in FIR No. 44/2025 for alleged assault with deadly weapons that resulted in the death of the informant's brother. He claimed false implication stemming from a land dispute and highlighted a two‑day delay in filing the FIR, arguing that the charge of assault was vague and lacked specific overt acts. The informant’s counsel countered, emphasizing that the FIR specifically accused the petitioner of striking the victim’s head with a farsa and khanti, causing fatal injuries. The court examined the seriousness of the allegations, the specificity of the charge, and the delay in reporting, and concluded that the nature of the accusation warranted denial of bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail can be granted when the petitioner is specifically accused of assault with deadly weapons causing death.
Whether a delay in lodging the FIR and claims of false implication affect the grant of anticipatory bail.
Whether the specificity of the alleged overt act influences the court's decision on anticipatory bail.

Legislation cited

B.N.S., 2023 — s. 103(1), 109, 115(2), 118(1), 126(2), 191(2), 191(3), 352

Subjects

anticipatory bail
false implication
land dispute
assault with deadly weapons
homicide
delay in FIR
B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86631 of 2025
                         Arising Out of PS. Case No.-44 Year-2025 Thana- Darhar District- Saharsa
                 ======================================================
                 Sudhir Yadav Son of Kamal Yadav Village- Naula, Ward No.3 and 4, P.S.-
                 Darhar, District- Saharsa
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr.Krishna Kant Singh
                 For the State            :        Mr.Shantanu Kumar
                 For the Informant        :        Mr.Kuldeep Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner, learned A.P.P

                   for the State and learned counsel for the informant.

                                2. The petitioner apprehends his arrest in Darhar P.S.

                   Case No. 44/2025, registered for offence punishable under

                   Sections 191(2), 191(3), 126(2), 115(2), 109, 103(1), 118(1),

                   352 of the B.N.S., 2023.

                                3. As per F.I.R., on 12.06.2025 at about 8 AM,

                   petitioner and other named accused persons along with 15-20

                   unknown persons were forcibly ploughing the field of informant

                   and on objection raised by brother of informant, on the order of

                   co-accused Mayalal Yadav and Nalanwar Yadav, this petitioner

                   and co-accused Babloo Yadav brutally assaulted brother of

                   informant with Farsa and Khanti, due to which, he sustained

                   injury on his head and later on, in course of treatment, brother of

                   informant succumbed to his injury.
           Patna High Court CR. MISC. No.86631 of 2025(2) dt.24-02-2026
                                                       2/2




                                  4. Learned counsel for the petitioner submits that

                     petitioner has been falsely implicated in this case due to pre-

                     existing land dispute between the parties. There is delay of two

                     days in lodging the F.I.R. and there is no plausible explanation

                     of delay. He further submits that allegation of assault is general

                     and omnibus and no specific overt act has been alleged against

                     petitioner. Case and counter case.

                                  5. Learned counsel for the informant vehemently

                     opposes the prayer for anticipatory bail and submits that

                     petitioner is named in the F.I.R. with specific accusation that he

                     along with co-accused Babloo Yadav assaulted on the head of

                     brother of informant with deadly weapons, causing his death.

                                  6. Considering the nature of accusation, the prayer

                     for anticipatory bail of petitioner is rejected.



                                                    (Prabhat Kumar Singh, J)
Anay

U      T

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