Patna High Court
Anup Yadav @ Anup Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that anticipatory bail may be granted in view of the simple injuries, the land dispute context, and the presence of counter‑claims, subject to prescribed conditions.
Summary
The petitioner, Anup Yadav, applied for anticipatory bail under Section 438 of the CrPC and Section 482(2) of the B.N.S.S, 2023, fearing arrest in a case involving multiple offences arising from an alleged assault during a land dispute. The prosecution alleged that the petitioner and others assaulted the informant, causing injuries, while the petitioner contended that the FIR incorrectly described the nature and location of the injuries. The court noted that the injuries were simple, both parties had suffered injuries, and the dispute was essentially a land conflict with counter‑claims. Considering these facts, the court granted anticipatory bail on the condition that the petitioner surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and cooperate with the investigation. The order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in a case involving offences under Sections 191, 126, 115, 118, 117, 109, 303, 324, 352, and 351 of the Indian Penal Code.
- Whether the simple nature of the alleged injuries and the existence of a land dispute with counter‑claims justify the grant of anticipatory bail.
- What conditions may be imposed while granting anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 109, 115, 117, 118, 126, 191, 303, 324, 351, 352
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S
- land dispute
- assault
- Criminal Procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87470 of 2025
Arising Out of PS. Case No.-331 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Anup Yadav @ Anup Kumar Yadav Son of Pancha Yadav Resident of Village-
Sarangpur, Ps- G.B. Nagar, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Netan Chouhan
For the Opposite Party/s : Mr. Amitesh Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 191(2), 126(2), 115(2), 118, 117(2),
109, 303(2), 324(4), 352, 351(2) of the B.N.S.
3. As per the prosecution case, accused persons
including the petitioner herein came to the house of the
informant variously armed and started abusing the informant
and his family members. On protest, accused Abhishek Kumar
gave a farsa blow on the head of the informant due to which he
sustained injuries. It is further alleged that others also indulged
in assault.
4. Learned counsel for the petitioner submits that it
would be apparent from the F.I.R itself that petitioner is said to
Patna High Court CR. MISC. No.87470 of 2025(2) dt.15-01-2026
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have assaulted the informant Kishun Kumar Yadav on his right
hand by means of knife but the injury report (Annexure-p/2)
discloses that there is no injury whatsoever on the right hand of
the informant, however on the left hand there is injury in the
nature of laceration which is said to be simple in nature caused
by hard and blunt object. Further, there is case and counter case
between the parties and the land dispute also exists.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the facts and
circumstances and also considering that the present case arises
out of the land dispute and there is case and counter case,
coupled with the fact that the injuries have been suffered by
both the sides and also further considering that the injuries
sustained by the informant caused by the petitioner is simple in
nature, let the petitioner above named, in the event of his arrest
or surrender before the learned Court below within a period of
four weeks, be released on anticipatory bail in connection with
G.B. Nagar P.S. Case no.331 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending subject to the condition laid down
Patna High Court CR. MISC. No.87470 of 2025(2) dt.15-01-2026
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under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023, subject to the conditions that the
petitioner would cooperate in the investigation.
(Soni Shrivastava, J)
devendra/-
U T
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