Patna High Court
Fuldeo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Fuldeo Yadav, was implicated in a First Information Report alleging that he assaulted an informant with an axe during a petty dispute over cattle trespass, causing a simple injury. He faced charges under several sections of the Indian Penal Code, including 147, 148, 149, 341, 323, 307, 354, 504 and 506. The petitioner applied for anticipatory bail, arguing that the incident was a spontaneous act, involved no repeated blows, and resulted only in a minor injury, and that he has no prior criminal record. The State opposed the bail on the basis of the serious nature of the alleged offences. The Court, after considering the facts, the petty nature of the dispute, the lack of repeated assault, and the simple injury, granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious IPC charges.
- Whether the circumstances of a petty dispute, lack of repeated assault, and simple injury justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 354, 504, 506
Subjects
- anticipatory bail
- assault
- IPC
- simple injury
- petty dispute
- bail bond
- sureties
- Section 438
- Section 482
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90190 of 2025
Arising Out of PS. Case No.-127 Year-2021 Thana- CHAKAI District- Jamui
======================================================
Fuldeo Yadav Son of Late Shibu Yadav R/o Vill. - Harnsingha, P.O. -
Bichkorwa, P.S. - Chakai, Distt. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Mahto, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 147, 148,
149, 341, 323, 307, 354, 504 and 506 of the Indian Penal Code.
3. The allegation in the First Information Report is
that on account of petty dispute with regard to cattle treading in
the campus of the petitioner, he abused the informant and upon
protest, an act of assault occurred with the petitioner giving an
axe blow on the head of the informant leading to injury.
4. Learned counsel for the petitioner submits at the outset
that the incident has occurred on a very petty dispute and upon the
very fact that the incident happened on the spur of the moment
and there is no repetition of blow, Section 307 of the I.P.C.
Patna High Court CR. MISC. No.90190 of 2025(2) dt.15-01-2026
2/2
would not get attracted, moreover, in the background of the fact
that the injury sustained by the informant is simple in nature.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering that the incident arose out of a
petty dispute coupled with the factum of no repetition of blow
and simple injury having been caused, let the above named
petitioner, who have no criminal antecedent, be released on bail,
in the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, on 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 below where the case is pending/successor Court in
connection with Chakai P.S. Case No. 127 of 2021, subject to
the condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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