Patna High Court
Brijkishore Prasad Yadav @ Brijkishor Prasad Yadav @ Brijkishor YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, holding that the allegations were general, the injury was simple, and the dispute was a land dispute between co‑villagers.
Summary
The petitioner, Brijkishore Prasad Yadav, was implicated in a FIR alleging assault with weapons during a land measurement dispute, resulting in a simple injury to Naresh Yadav. The petitioner filed an anticipatory bail application, contending that the parties are co‑villagers with a pending counter‑case and that the FIR is vague and the injury minor. The court noted the land dispute, the existence of a counter‑case, and the simple nature of the injury, and found no compelling reason to deny bail. Accordingly, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) of the BNSS, 2023. The order directed that the bail be effected if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the alleged offences.
- Whether the nature of the alleged assault and the simple injury justify the grant of bail.
- Whether the existence of a counter‑case and the land‑dispute context affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- land dispute
- assault
- simple injury
- counter case
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89220 of 2025
Arising Out of PS. Case No.-300 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Brijkishore Prasad Yadav @ Brijkishor Prasad Yadav @ Brijkishor Yadav S/o-
Ramit Yadav Resident of Village- Shankarsaraiya PS- Turkauliya District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar, Adv.
For the Opposite Party/s : Mr. Ahmad Ali, App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. 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 Turkauliya Police Station Case No. 300 of 2025,
disclosing offences under Sections 191(2), 190, 126(2), 115(2),
118(1), 117(2), 109(1) of the BNS, 2023.
3. As per the FIR, on 23.06.2025 in the afternoon,
while the measurement of the land of the informant was going
on, the petitioner along with other accused persons named in the
FIR with five to six unknown persons, armed with sharp
weapon, dabia, iron rod, arrived and co-accused Sanjay Yadav
assaulted the informant with dabia and hammer. It has further
been alleged that petitioner and other accused persons assaulted
Patna High Court CR. MISC. No.89220 of 2025(2) dt.15-01-2026
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Naresh Yadav with knife due to which he sustained injury on his
back.
4. Learned counsel for the petitioner submits that
both the parties are co-villagers and neighbors having land
dispute. A counter case has been lodged by the side of the
petitioner against the informant bearing Turkauliya P.S. Case
No. 301 of 2025. The allegation against the petitioner is general
and omnibus in nature inasmuch as the FIR says that the
petitioner along with other accused persons assaulted Naresh
Yadav with knife. The injury sustained by Naresh Yadav is
simple in nature as stated in paragraph 17.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are co-villagers/neighbours having land dispute,
case and counter case is there and the injury sustained by the
victim is simple in nature, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. 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
Patna High Court CR. MISC. No.89220 of 2025(2) dt.15-01-2026
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each to the satisfaction of learned Additional Sessions Judge-IV,
East Champaran, Motihari, in connection with Turkauliya Police
Station Case No. 300 of 2025, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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