Patna High Court
Dinesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Negotiable Securities Act — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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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