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Patna High Court

Dinesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond, sureties and conditions of cooperation.

Summary

The petitioners, Dinesh Yadav, Sitaram Yadav and Santun Yadav, applied for anticipatory bail fearing arrest in a criminal case (Shivaji Nagar PS Case No.50 of 2025) involving multiple offences under the B.N.S, 2023. The FIR alleges that they, armed, assaulted an informant and his uncle, causing injuries. The petitioners contend that the dispute is a land disagreement between agnates, the injuries are simple and caused by a blunt object, and they are willing to cooperate with the investigation. The State opposed bail, highlighting the seriousness of the charges and a prior criminal antecedent of petitioner No.3. The Court, considering the nature of the injuries and the underlying land dispute, granted anticipatory bail to all three petitioners subject to a Rs.10,000 bond, two sureties, and a condition of cooperation, with the possibility of cancellation for non‑cooperation.

Issues considered

  • Whether anticipatory bail should be granted in a case involving multiple serious offences arising from a land dispute
  • Whether the nature of the injuries (simple, caused by a blunt object) warrants bail
  • Whether the prior criminal antecedent of petitioner No.3 precludes anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • simple injury
  • Section 438 CrPC
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88160 of 2025
                   Arising Out of PS. Case No.-50 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
                 ======================================================
           1.     Dinesh Yadav S/o Late Bhikho Yadav Resident of - Gamharia, P.O - Rahiar
                  Konchi, P.S - Shivajinagar, District - Samastipur, Pin - 848209, Bihar
           2.    Sitaram Yadav S/o Late Gulli Yadav Resident of - Gamharia, P.O - Rahiar
                 Konchi, P.S - Shivajinagar, District - Samastipur, Pin - 848209, Bihar
           3.    Santun Yadav @ Santu Yadav S/o Sitaram Yadav Resident of - Gamharia,
                 P.O - Rahiar Konchi, P.S - Shivajinagar, District - Samastipur, Pin - 848209,
                 Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vishal Vikram Rana, Advocate
                                                  Ms. Nisha Bharti, Advocate
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, APP
                 For the O.P. No. 2       :       Mr. Ajay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel for the petitioners, learned

                   APP for the State and learned counsel for the opposite party

                   no.2.

                                 2. The petitioners apprehend their arrest in connection

                   with Shivaji Nagar P.S. Case no.50 of 2025 registered under

                   sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and

                   3(5) of B.N.S, 2023.

                                 3. Allegations in the F.I.R is that accused persons

                   including the petitioners herein came variously armed and

                   indulged in assaulting the informant and his uncle causing
Patna High Court CR. MISC. No.88160 of 2025(2) dt.15-01-2026
                                            2/3




          injuries to them.

                       4. Learned counsel for the petitioners submits that

          petitioners and the informant are the agnates. There is admitted

          land dispute between the parties, for which Title Suit Nos. 101

          of 2024 and 367 of 2023 is also pending between them. It has

          further been submitted that the present case is the counter blast

          of Shivaji Nagar P.S Case No. 51 of 2025. Learned counsel

          referring to the rejection order of the learned Court concerned

          submits that injury of the informant and his uncle are simple in

          nature caused by hard and blunt object. The petitioners

          undertake to co-operate in investigation/trial.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State and learned counsel for the

          informant on the ground that there are allegations of assault

          upon petitioner no.1 while petitioner nos. 2 and 3 are the order

          given. It has also been submitted that petitioner no.3 has one

          criminal antecedent. In response, learned counsel for the

          petitioner submits that he is on bail in the said case.

                       6. Taking into consideration that fact that the present

          case arises out of land dispute between the agnates and injuries

          sustained by the informant are simple in nature caused by hard

          and blunt object, it is directed that the petitioners, above named,
              Patna High Court CR. MISC. No.88160 of 2025(2) dt.15-01-2026
                                                          3/3




                        in the event of their arrest or surrender before the learned Court

                        below within a period of four weeks, be released on anticipatory

                        bail in connection with Shivaji Nagar P.S. Case no.50 of 2025

                        on each of them 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 concerned where the case is

                        pending/successor Court, subject to the condition laid down

                        under Section 438(2) of the Code of Criminal Procedure/Section

                        482(2) of the B.N.S.S, 2023 and subject to the further condition

                        that they shall co-operate in the investigation and in case of their

                        non-cooperation, the informant would be at liberty to file

                        cancellation of bail.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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