Patna High Court
Indradev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to bond, sureties and surrender conditions.
Summary
The petitioners, three brothers from Datroul village, sought anticipatory bail after an FIR was lodged for multiple offences including assault and causing hurt under sections of the BNSS. They claimed they have clean antecedents (except one prior case for the third petitioner) and that the alleged assault arose from a property dispute with the informant, resulting in only simple injuries to most victims and non‑vital injuries to two women. The State opposed the bail, noting that some injuries were classified as grievous. The court examined the nature of the injuries, the petitioners' criminal records, and the circumstances of the dispute. It held that anticipatory bail could be granted, subject to a cash bond of Rs 10,000 and two sureties, and conditioned on surrender within six weeks, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail is appropriate under Section 438 CrPC for offences involving assault and alleged grievous injury.
- Whether the nature of the injuries (grievous vs. simple) affects the grant of bail.
- Whether the petitioners' antecedents and the property‑dispute context justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- assault
- grievous injury
- simple injury
- property dispute
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87824 of 2025
Arising Out of PS. Case No.-342 Year-2025 Thana- PAKARIBARAW District- Nawada
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1. Indradev Yadav Son of Munsi Yadav Resident of Village - Datroul, P.S. -
Pakriwarwan, Distt. - Nawada.
2. Chandrika Yadav Son of Munsi Yadav Resident of Village - Datroul, P.S. -
Pakriwarwan, Distt. - Nawada.
3. Amirak Yadav Son of Munsi Yadav Resident of Village - Datroul, P.S. -
Pakriwarwan, Distt. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-02-2026 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 126(2),
115(2), 117(2), 109, 303(2), 351(2), 3(5) and 352(2) of the BNS.
3. Learned counsel for the petitioners submits that
petitioners no. 1 and 2 are persons with clean antecedent and
petitioner no. 3 has antecedent of one case and the informant
alleges that accused persons came and started abusing and
enquired about her father-in-law. On objection by her mother-in-
law not to abuse her husband, Chandrika Yadav (petitioner no.
2) assaulted her by rod causing injury on head and thereafter
Patna High Court CR. MISC. No.87824 of 2025(3) dt.19-02-2026
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Indradev Yadav (petitioner no. 1) and Amirak Yadav (petitioner
no. 3) assaulted the informant by Khanti causing injury on head
and hand. Further, Dinesh, Vikash and Ajit assaulted her
brother-in-law causing injury on head and hand and other
accused assaulted her sister-in-law causing injury on hand and
body and also assaulted her the other son-in-law.
4. Learned counsel for the petitioners submits that
petitioners and the informant are agnates and are having dispute
relating to property. It is further submitted that on account of
dispute relating to property, an altercation took place in which
both sides assaulted each other. It is next submitted that no
doubt, mother-in-law of the informant, namely, Surji Devi and
sister-in-law, namely, Sunita Devi suffered grievous injury but
then the injury suffered by them are on non-vital part of the
body, i.e., hand, though in the FIR, it is alleged that Chandrika
Yadav assaulted Surji Devi by rod causing injury on head but
then Surji Devi did not suffer any injury on head. It is further
submitted that the Doctor with regard to the injury of others has
opined the injury to be simple in nature. It is next submitted that
allegation of assault against Indradev Yadav and Amirak Yadav
is not specific and even the injury suffered on account of assault
made by them to the informant has been opined to be simple in
Patna High Court CR. MISC. No.87824 of 2025(3) dt.19-02-2026
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nature.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners but then fairly submits after
perusing the case diary that the injury suffered by Surji Devi and
Sunita Devi has been opined to be grievous but then are on non-
vital party of the body and rest of the injured have suffered
simple injury.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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) 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 Pakriwrawan P.S. Case No. 342 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/-
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