Patna High Court
Brajesh Kumar Yadav @ Brajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to bail bonds, sureties and compliance with Section 482(2) of the B.N.S.S.
Summary
The petitioners, three residents of Kharauni village, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable (B.N.S.) Act relating to assault and other offences. They claim to have clean antecedents and assert that the informant has falsely implicated them due to a land dispute, alleging only vague, omnibus accusations without specific details of assault against them. The State and the informant opposed the bail but could not refute the claim that the FIR lacks specific allegations against the petitioners. The court examined the submissions and, noting the absence of precise charges and the possibility of false implication, ordered that the petitioners be released on anticipatory bail if arrested, upon furnishing bail bonds and sureties. The bail was conditioned on compliance with Section 482(2) of the B.N.S.S. and the trial court’s satisfaction.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only general, non‑specific allegations against the petitioners.
- Whether the petitioners have been falsely implicated in the offences arising from a land dispute.
- Whether the conditions under Section 482(2) of the B.N.S.S. justify the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- Section 482
- Bihar Negotiable Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87872 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- BANDHUWA KURAWA District- Banka
======================================================
1. Brajesh Kumar Yadav @ Brajesh Yadav S/O Bhanu Yadav @ Bhanu Pratap
Yadav @ Bhanu Prasad Yadav R/O Village- Kharauni, P.S- Bandhuwa
Kurawa, District- Banka (Bihar).
2. Pawan Yadav S/O Bhukhan Yadav R/O Village- Kharauni, P.S- Bandhuwa
Kurawa, District- Banka (Bihar).
3. Putul Devi W/O Late Madho Yadav R/O Village- Kharauni, P.S- Bandhuwa
Kurawa, District- Banka (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Pratyush Pratap Singh, Advocate
For the State : Mr. Jai Narain Thakur, APP
For the Informant : Mr. Debesh Kumar Poddar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel appearing on behalf of the
informant.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 117(2), 118(1), 109, 74, 352, 351(2) and 3(5) of B.N.S.,
2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.3
is a woman and the informant alleges that on account of dispute
relating to land, Bhanu assaulted him by axe causing injury on
Patna High Court CR. MISC. No.87872 of 2025(2) dt.22-01-2026
2/3
head, thereafter Rishikesh assaulted Photo by axe causing injury
on head and Reena assaulted his brother on nose and thereafter
Nitish assaulted the informant by axe on head causing injury
while petitioners also assaulted.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that on
account of dispute relating to land, the occurrence is alleged to
have taken place. It is further submitted that since a land dispute
is brewing in between the parties, as such, an altercation took
place in which both sides assaulted each other. It is also
submitted that from perusal of the allegations, as alleged in the
FIR, it would amply manifest that no specific allegation of
assault is alleged against the petitioners rather allegation against
them are general and omnibus in nature and petitioners are not
criminals.
5. Learned APP for the State and learned counsel
appearing on behalf of the informant oppose the anticipatory
bail application but are not in a position to rebut the submission
of the learned counsel appearing on behalf of the petitioners that
no specific allegation of assault is alleged against the
Patna High Court CR. MISC. No.87872 of 2025(2) dt.22-01-2026
3/3
petitioners.
6. After hearing the learned counsel for the parties, let
petitioners, 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.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 Bandhuwa Kurawa P.S. Case No.62 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…