Patna High Court
Jaitun Yadav @ Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail may be granted notwithstanding the serious allegations, subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
Petitioners Jaitun Yadav and Bipin Devi sought anticipatory bail fearing arrest in a 1995 case (Andhrathari PS No.81) involving alleged offences under IPC sections 498A, 302, 201 and 304B. The prosecution alleged that they, along with others, assaulted an informant's sister over a demand for a cow and a buffalo. The petitioners contended they are innocent, being the brother‑in‑law and married sister‑in‑law of the victim, and have no prior criminal record. The State opposed the bail application. The Court, noting the general and omnibus nature of the allegations, nevertheless granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and compliance with Section 438(2) CrPC and Section 482 of the BNSS. The order directs release on bail if the petitioners are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the allegations under IPC sections 498A, 302, 201 and 304B.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- IPC 498A
- IPC 302
- IPC 201
- IPC 304B
- criminal procedure
- bail conditions
- alleged assault
- animal demand
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88440 of 2025
Arising Out of PS. Case No.-81 Year-1995 Thana- ANDHRATHARHI District- Madhubani
======================================================
1. Jaitun Yadav @ Rajesh Yadav Son of Late Sudami Yadav Resident of village
- Rahi Tola, Harari, P.S.- Andhrathari, District - Madhubani.
2. Bipin Devi Wife of Shyam Karn Yadav Resident of village - Bhadewar,
Police Station - Andhrathari, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehends their arrest in
connection with Andhrathari P.S. Case No. 81 of 1995 registered
for the offence under Sections 498A, 302, 201, 304(B) of the
Indian Penal Code.
3. As per the prosecution case, petitioners along with
other accused persons are alleged to have assaulted the
informant’s sister due to non-fulfillment of demand of one cow
and buffalo.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and they have falsely
Patna High Court CR. MISC. No.88440 of 2025(2) dt.15-01-2026
2/2
been implicated in this case. It is next submitted that petitioners
are brother-in-law (devar) and married sister-in-law (nanad) of
the victim. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the general and omnibus nature of
allegations levelled against the petitioners, this application is
allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Jhanjharpur (Madhubani) /
concerned Court below in connection with Andhrathari P.S.
Case No. 81 of 1995, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…