Patna High Court
Amit YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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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