Patna High Court

Durgesh YadavversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Durgesh Yadav, applied for anticipatory bail in a case arising from a land dispute where he was alleged to have assaulted his neighbour with iron knuckles, causing a head injury. The FIR listed offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that the injury was simple and caused by a blunt object, not the alleged iron knuckles, and that both parties were neighbours with a passage dispute. The prosecution contended that the assault was intentional and intended to cause grievous injury. Considering the nature of the injury and the neighbourly dispute, the Court was inclined to grant anticipatory bail, subject to a bail bond and sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The application for anticipatory bail was therefore allowed.

Issues considered

Whether anticipatory bail should be granted in a case of alleged assault causing simple injury arising from a land dispute
Whether the alleged use of iron knuckles constitutes an offence under the cited sections of the Bharatiya Nyaya Sanhita
Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied for granting bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352

Subjects

anticipatory bail
assault
land dispute
injury
bail bond
criminal procedure
section 482
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8788 of 2026
                       Arising Out of PS. Case No.-470 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Durgesh Yadav S/o Ramnaresh Yadav @ Jiut Yadav Ro Village- Hardiya,
                 Post- Bhore, PS- Bhore, Dist- Gopalganj, Bihar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aman Kumar, Advocate
                 For the Opposite Party/s :        Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   26-02-2026                    Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Bhore Police Station Case No. 470 of 2025,

                   disclosing offences under Sections 126(2), 115(2), 109, 352,

                   351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, as per the First

                   Information Report, is that on 16.09.2025 at about 3:30

                   p.m., due to a land dispute, the petitioner assaulted the

                   informant with iron knuckles, thereby causing head injury.

                                4. Learned Counsel for the petitioner submits that

                   both the parties are neighbours and there is dispute between

                   them regarding passage. The allegation of assault is by
Patna High Court CR. MISC. No.8788 of 2026(2) dt.26-02-2026
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          means of fighter which can cause sharp cut injury whereas

          in the injury report, doctor’s opinion is that the injury has

          been caused by the hard and blunt substance which is

          simple in nature.

                       5. On the other hand, learned counsel for the

          informant vehemently opposed the prayer for bail and

          submits that the petitioner with an intention to cause

          grievous injury, assaulted the informant by iron knuckles .

                        6. Regards being had to the submissions made on

          behalf of the parties and taking into consideration the fact

          that both the parties are neighbours, having dispute

          regarding passage, the injury sustained by the informant, is

          simple in nature, I am inclined to grant the petitioner

          privilege of anticipatory bail.

                       7. This application is, accordingly, allowed.

                       8. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned District &

          Additional Sessions Judge-XII, District- Gopalganj, Bihar,
           Patna High Court CR. MISC. No.8788 of 2026(2) dt.26-02-2026
                                                       3/3




                     in connection with Bhore Police Station Case No. 470 of

                     2025, subject to the condition laid down under Section 482

                     (2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T

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