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Patna High Court

Jay Krishna Yadav @ Jai Krishna Kumar @ Jay Krishna KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to petitioner No. 4 but granted to petitioners Nos. 1, 2, 3 and 5 subject to bond and surety conditions.

Summary

The petitioners, five members of the Yadav family, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Special Penal Code (BNS) for alleged firing, assault, and conspiracy. They contended that the allegations were false, that injuries were either non‑existent or caused by others, and that they had prior criminal antecedents unrelated to the present charges. The State opposed the bail, emphasizing the grievous injury to Kalyani Devi and the seriousness of the offences. Justice Satyavrata Verma denied anticipatory bail to petitioner No. 4 (Rajaram Yadav) on account of the alleged assault with an iron rod causing a head injury, but granted bail to petitioners Nos. 1, 2, 3 and 5 subject to a bond of Rs 25,000 and two sureties each, conditional on surrender within six weeks. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Negotiable Special Statutes.

Issues considered

  • Whether anticipatory bail should be granted to each petitioner under the circumstances of the case
  • Whether the alleged assault causing grievous injury justifies denial of anticipatory bail for petitioner No. 4

Legislation cited

  • BNS — s. 109(1), 115(2), 118(1), 190, 191(2), 303(2), 329(3), 351(2), 352
  • BNSS — s. 482(2)
  • Cr.P.C. — s. 438(2)

Subjects

  • anticipatory bail
  • grievous injury
  • assault
  • criminal procedure
  • Section 438
  • Section 482
  • Bihar Special Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87783 of 2025
                         Arising Out of PS. Case No.-58 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
           1.     Jay Krishna Yadav @ Jai Krishna Kumar @ Jay Krishna Kumar S/o Late
                  Sitaram Yadav R/o Village - Laxminiya, Ward No. 1, P.S - Bihira, District -
                  Saharsa
           2.    Dilip Yadav @ Dilip Kumar S/o Dukhi Yadav @ Dukha @ Dukha Yadav
                 R/o Village - Laxminiya, Ward No. 1, P.S - Bihira, District - Saharsa
           3.    Mithilesh Yadav @ Mithilesh Kumar S/o Dukhi Yadav @ Dukha @ Dukha
                 Yadav R/o Village - Laxminiya, Ward No. 1, P.S - Bihira, District - Saharsa
           4.    Rajaram Yadav @ Rajaram Kumar S/o Sitaram Yadav R/o Village -
                 Laxminiya, Ward No. 1, P.S - Bihira, District - Saharsa
           5.     Sunil Kumar @ Sunil Yadav @ Sunil S/o Devanand Yadav R/o Village -
                  Laxminiya, Ward No. 1, P.S - Bihira, District - Saharsa
                                                                                 ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Mishra, Advocate
                 For the Opposite Party/s :        Mr. Uma Shankar Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   190, 115(2), 118(1), 109(1), 303(2), 329(3), 352 and 351(2) of

                   the BNS.

                                3. Learned counsel for the petitioners submits that

                   petitioners no. 1, 4 and 5 have antecedent of one case, petitioner

                   no. 2 has antecedent of three cases and petitioner no. 3 has

                   antecedent of four cases and the informant alleges that on
Patna High Court CR. MISC. No.87783 of 2025(2) dt.21-01-2026
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          08.03.2025, at about 03:30 p.m., the accused persons came and

          Jay Krishna Yadav (petitioner no. 1) and Dilip Yadav (petitioner

          no. 2) fired at her son, namely, Manoj Yadav but he managed to

          save himself and thereafter Bhupendra Yadav fired at Kalyani

          Devi @ Sudama Devi but missed. Further, Rajaram Yadav

          (petitioner no. 4) assaulted Kalyani Devi @ Sudama Devi by an

          iron rod causing injury on her head. Thereafter, the accused

          thought that Kalyani Devi @ Sudama Devi died, as such, the

          accused persons hatched a conspiracy and Sunil Kumar @ Sunil

          Yadav @ Sunil (petitioner no. 5) shot Jay Krishna Yadav on his

          thigh so that a case is instituted against the informant and her

          side. Further, on orders of Dukha Yadav, women accused looted

          cash and jewellery.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that as far as petitioners no.

          1 and 2 are concerned, the allegation against them of firing is

          ornamental as no one was injured. It is next submitted that no

          specific allegation of assault or firing is alleged against the

          petitioner no. 3 but then it is fairly submitted that as far as

          petitioner no. 4 is concerned, he is alleged to have assaulted

          Kalyani Devi @ Sudama Devi by an iron rod causing injury on
Patna High Court CR. MISC. No.87783 of 2025(2) dt.21-01-2026
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          her head. It is also submitted that the informant’s son shot Jay

          Krishna Yadav but then informant very wisely implicated Sunil

          Kumar @ Sunil Yadav @ Sunil (petitioner no. 5) alleging that

          after the accused thought that Kalyani Devi @ Sudama Devi

          was dead, they hatched a conspiracy and Sunil Kumar @ Sunil

          Yadav @ Sunil fired at Jay Krishna Yadav. It is further

          submitted that from the side of the petitioners Bihra P.S. Case

          No. 52 of 2025 has been instituted against the informant and her

          side wherein it is alleged that it was Bhabesh who fired causing

          firearm injury to Jay Krishna Yadav. It is next submitted that

          why Sunil Kumar @ Sunil Yadav @ Sunil (petitioner no. 5)

          would have shot Jay Krishna Yadav when it is alleged that he

          had come from the side of accused persons at the place of

          occurrence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners and submits that the injury

          suffered by Kalyani Devi @ Sudama Devi has been opined to be

          grievous as recorded in the order impugned and the petitioners

          are alleged to have fired.

                       6. After hearing the learned counsel for the parties,

          the Court is not inclined to extend the privilege of anticipatory

          bail to the petitioner no. 4, namely, Rajaram Yadav @ Rajaram
           Patna High Court CR. MISC. No.87783 of 2025(2) dt.21-01-2026
                                                       4/4




                     Kumar, accordingly, his prayer for anticipatory bail is rejected.

                                  7. As far as other petitioners are concerned,

                     considering the submissions made by the learned counsel for the

                     petitioners no. 1 to 3 and 5, let the petitioners no. 1 to 3 and 5

                     above-named, in the event of their arrest or surrender before the

                     learned trial court within a period of six weeks from today, be

                     released on anticipatory bail on furnishing bail bonds of

                     Rs.25,000/- (Rupees Twenty-five Thousand) each 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 Bihra P.S. Case No. 58 of 2025, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the BNSS.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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