Created by Fuzzy Cloud

Patna High Court

Company YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioners, finding no sufficient ground to keep them in custody.

Summary

The petitioners, Company Yadav and Shital Yadav, were arrested in connection with a land dispute and charged under multiple sections of the B.N.S. and the Prevention of Witch (Dain) Practices Act. They contended that the FIR did not specifically allege their involvement, the injuries to the informant were not grievous, and the investigation had already been completed. The State opposed the bail application. The Court examined the nature of the allegations, the simple injuries, the completed investigation, and the length of custody, and decided to grant regular bail. Each petitioner was ordered to furnish a bail bond of Rs. 20,000 with two sureties of the same amount. The bail was granted, allowing the petitioners to be released pending trial.

Issues considered

  • Whether regular bail should be granted to the petitioners despite the serious nature of the offences alleged under the B.N.S. and the Prevention of Witch (Dain) Practices Act
  • Whether the lack of specific allegations in the FIR and the completion of investigation justify bail

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 126(2), 191(2), 191(3), 303(2), 351(2), 352, 76

Subjects

  • regular bail
  • land dispute
  • assault
  • B.N.S.
  • Prevention of Witch Practices Act
  • investigation completed
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90218 of 2025
                  Arising Out of PS. Case No.-138 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
                 ======================================================
           1.     Company Yadav, S/o Kaleshwar Yadav @ Kale Yadav, Resident of Village-
                  Bhabhriya, P.S.- Ramgarh Chowk, District- Lakhisarai
           2.    Shital Yadav, S/o Late Birju Yadav, Resident of Village- Bhabhriya, P.S.-
                 Ramgarh Chowk, District- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Prasad, Adv.
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                  1. Heard the parties.

                                2. The petitioners seek regular bail in connection with

                   Ramgarh Chowk P. S. Case No. 138 of 2025, registered for the

                   offences punishable under Sections 115(2), 126(2), 109(1), 303(2),

                   352, 351(2), 191(2), 191(3) and 76 of the B.N.S. and Sections 3

                   and 4 Prevention of Witch (Dain) Practices Act.

                                3. The main submissions advanced by the petitioners'

                   counsel are that in the FIR, there is no specific allegation against

                   the petitioners, the FIR has been registered against six accused

                   persons including the petitioners, though the informant is said to

                   have been assaulted by the petitioners but on the person of the

                   informant, no any grievous injury was found and all his injuries

                   have been opined to be simple in nature, some persons from the
              Patna High Court CR. MISC. No.90218 of 2025(2) dt.13-01-2026
                                                          2/2




                        petitioners' side also sustained injuries in the alleged occurrence,

                        both the petitioners have been languishing in jail since 25.10.2025

                        and against them, the investigation has been completed and the

                        alleged occurrence arose out of a land dispute running in between

                        both the parties.

                                     4. Learned APP appearing for the State has opposed the

                        bail prayer of the petitioners.

                                     5. Considering the aforesaid submissions, averments

                        made in this application, the nature of the allegations appearing

                        against the petitioners         as well as the nature of the injuries

                        sustained by the informant who is specifically said to have been

                        assaulted by the petitioners coupled with petitioners' custody

                        period and the completion of investigation against them, this court

                        is inclined to release them on bail. Accordingly, let the petitioners

                        named-above be enlarged on bail in connection with Ramgarh

                        Chowk P. S. Case No. 138 of 2025 on furnishing bail bonds of Rs.

                        20,000/- (Rupees Twenty Thousand) each with two sureties of the

                        like amount each to the satisfaction of the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.