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Patna High Court

Amit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioner No.2 (Gautam Yadav) subject to the conditions prescribed under Section 482(2) of the BNSS.

Summary

Amit and Gautam Yadav were implicated in a case involving alleged assaults during a land dispute, with the FIR alleging multiple attacks on a woman and her husband. The petitioners filed anticipatory bail applications; the counsel for Amit Yadav sought to withdraw his application, which the court permitted. Gautam Yadav feared arrest under Sections 126(2), 115(2), 109 and 3(5) of the BNS, 2023, claiming false implication and that the injuries were minor. The State opposed the bail, but the court considered the submissions and the lack of a clear motive in the FIR. It ordered that Gautam Yadav be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The anticipatory bail application for Gautam Yadav was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted to Gautam Yadav under the provisions of the BNS, 2023 and Section 482(2) of the BNSS.
  • Whether the allegations in the FIR constitute a sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • Section 482
  • bail conditions
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86937 of 2025
                       Arising Out of PS. Case No.-266 Year-2025 Thana- DURAULI District- Siwan
                 ======================================================
           1.     Amit Yadav Son of Shiv Kumar Yadav Resident of Village- Amarpur, P.S.-
                  Darauli, District- Siwan
           2.    Gautam Yadav Son of Shiv Kumar Yadav Resident of Village- Amarpur,
                 P.S.- Darauli, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The learned counsel for the petitioners, after some

                   arguments, seeks permission to withdraw the anticipatory bail

                   application with respect to petitioner no. 1 (Amit Yadav).

                                3. Permission is accorded.

                                4. The petitioner no. 2 apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109 and 3(5) of the BNS, 2023.

                                5. Learned counsel for the petitioner submits that

                   petitioner no. 2 has antecedent of one case and the informant

                   alleges that on 25.05.2025 at 07:00 AM she was returning home
Patna High Court CR. MISC. No.86937 of 2025(2) dt.10-03-2026
                                            2/3




          after performing Puja when accused persons intercepted her

          and Shiv Kumar caught her while Pooja assaulted by danda

          causing injury on head, further on 01.10.2025 at 10:30 AM

          while she was going to offer Puja when again accused persons

          intercepted her and assaulted her by danda and rod and when

          her husband came to save her, Amit assaulted him by rod

          causing injury on head thereafter Gautam assaulted her husband

          by lathi causing fracture of hand.

                       6. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no reason

          for the occurrence is alleged. It is next submitted that on account

          of dispute, in between the parties relating to land, an altercation

          had taken place in which both sides assaulted each other and

          from side of the petitioner also Darauli P.S. Case No. 267 of

          2025 was registered against the informant and her side. It is also

          submitted that even presuming what has been alleged is true

          without admitting then allegation of assault against the

          petitioner is not on vital part of the body and the injury has been

          opined to be simple in nature.

                       7. Learned       A.P.P.    for     the   State   opposes   the
            Patna High Court CR. MISC. No.86937 of 2025(2) dt.10-03-2026
                                                        3/3




                      anticipatory bail application of the petitioner.

                                   8. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, in the

                      event of his arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned trial

                      court where the case is pending/successor court in connection

                      with Darauli P.S. Case No. 266 of 2025 subject to the conditions

                      as laid down under Section 482 (2) of BNSS.

                                   9. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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