Patna High Court
Bablu YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to Bablu Yadav subject to conditions and dismissed the bail application for Indradeo Yadav as withdrawn.
Summary
The petitioners Bablu Yadav and Indradeo Yadav were implicated in a case (Laxmipur PS Case No. 344 of 2024) involving assault with grievous injuries. During the pendency of Bablu's bail application, Indradeo was arrested and the petition for his bail was withdrawn. Bablu sought pre‑arrest bail for offences under Sections 191(2), 126(2), 115(2), 109(1), 351(2), 352 and 117(1) of the Bihar Non‑Compulsory Statutes (BNS), claiming innocence and alleging a land‑dispute motive. The State opposed the bail, citing the seriousness of the charges. The Court, after noting that the injuries were not attributable to Bablu and that the parties were agnates with a land dispute, granted Bablu conditional pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedent, while dismissing Indradeo's bail application as withdrawn.
Issues considered
- Whether pre‑arrest bail can be granted to Bablu Yadav despite the serious nature of the offences alleged.
- Whether the bail petition of Indradeo Yadav can be withdrawn after his arrest.
- Whether the existence of a land dispute and agnate relationship influences the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- bail conditions
- Criminal Procedure Code
- Bihar Non‑Compulsory Statutes
- land dispute
- agnates
- serious offences
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87430 of 2025
Arising Out of PS. Case No.-344 Year-2024 Thana- LAXMIPUR District- Jamui
======================================================
1. Bablu Yadav S/o Bhuto Yadav R/o Village - Shivsona, P.S- Laxmipur, Distt.-
Jamui.
2. Indradeo Yadav S/o Bhuto Yadav R/o Village - Shivsona, P.S- Laxmipur,
Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prakash Mahto, Advocate.
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 07-04-2026 At the outset, learned counsel appearing on behalf of
the petitioners informs that the petitioner no.2 has been arrested
during the pendency of the bail application, as such, he seeks to
withdraw the prayer for bail on behalf of petitioner no.2
Indradeo Yadav.
2. In view of the above, the prayer for bail on behalf
of petitioner no.2 Indradeo Yadav stands dismissed as
withdrawn.
3. Heard learned counsel appearing on behalf of the
petitioner no.1 and learned APP for the State.
4. The petitioner no.1 seeks pre-arrest bail in
connection with Laxmipur P.S. Case No. 344 of 2024 registered
Patna High Court CR. MISC. No.87430 of 2025(4) dt.07-04-2026
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for the offence punishable under Sections 191(2), 126(2),
115(2), 109(1), 351(2), 352 and 117(1) of BNS.
5. As per the allegation made in the F.I.R., the
petitioners are said to have assaulted the informant by means of
farsa and iron rod causing head injury.
6. Learned counsel appearing on behalf of the
petitioner no.1 submitted that the petitioner is innocent and he
has falsely been implicated in the case due to land dispute and
past enmity. The parties are agnates. Though the injuries are
grievous, but the same is not attributable to petitioner no.1.
7. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner no.1.
8. Having heard the rival submissions made by the
parties, as well as, having perused the allegation made in the
F.I.R., though the injuries are grievous, but the same is not
attributable to the petitioner no.1 Bablu Yadav, the parties are
agnates and there is land dispute between them, the petitioner
no.1 Bablu Yadav is directed to be released on pre-arrest bail, in
the event of his arrest or surrender before the Court below
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
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Class, Jamui in connection with Laxmipur P.S. Case No. 344 of
2024, subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
9. The District Court is directed to verify the criminal
antecedent of the petitioner no.1 and if it is found that the
petitioner no.1 is involved in some other cases as what has been
stated in Para-3 of the bail petition, this order will automatically
lose its force.
10. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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