Patna High Court
Company YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
Checking your session…