Patna High Court

Devendra Prasad Yadav @ Devendra YadavversusThe State of Bihar

Decided: 27 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Devendra Prasad Yadav, sought anticipatory bail in a case arising from a land dispute where he was alleged to have participated in a violent assault on the informant's house, using iron rods and other weapons, causing simple injuries. The FIR listed multiple offences under the Bihar Negotiable Sale Act, 2023. The petitioner claimed false implication and highlighted a counter‑case he had filed against the informant. The court noted the existence of a land dispute, the filing of a counter‑case, and the relatively minor injuries to the victims. Considering these factors, the court granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under CrPC Section 438(2) and Section 482(2) of the BNS Act. The order directed the petitioner to surrender within four weeks if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner under CrPC Section 438(2) and Section 482(2) of the BNS Act, 2023 given the nature of the alleged offences and the surrounding land dispute.

Legislation cited

Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
land dispute
assault
CrPC Section 438
Section 482
Bihar Negotiable Sale Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.9062 of 2026
                  Arising Out of PS. Case No.-118 Year-2024 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Devendra Prasad Yadav @ Devendra Yadav S/O Tirapati Yadav Resident of
                 Village- Kiratpur (Kewatna Sirkharia), P.S.- Ghoghardiha, Dist.- Madhubani.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Lakshman Jha
                 For the Opposite Party/s :      Mr. Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                 ORAL ORDER

3   27-04-2026                     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 Ghoghardiha Police Station Case No. 118 of 2024,

                   disclosing offences under Sections 126(2), 115(2), 329(4),

                   324(4), 303(2), 76, 110, 352, 351(2), 3(5) of the BNS, 2023.

                                   3. As per the FIR, on 25.08.2024 at about 10 am,

                   the informant's neighbour called some unknown persons from

                   outside and petitioner along with other accused persons arrived

                   with iron rod, bricks, stones, etc. in the courtyard of the

                   informant and started damaging the house. Upon objection, the

                   petitioner attacked the informant with lathi and when
Patna High Court CR. MISC. No.9062 of 2026(3) dt.27-04-2026
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          informant's wife intervened, the petitioner assaulted with iron

          rod on her head.

                          4. Learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case due to land

          dispute between the parties. A counter case has been lodged by

          the side of the petitioner against the informant and others

          bearing Ghogardiha P.S. Case No. 122 of 2024. The injuries

          sustained by the victims are simple in nature.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          there is a land dispute between the parties, case and counter case

          is there and the injuries sustained by the victims are 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

          each to the satisfaction of learned Judicial Magistrate, 1st Class,

          Jhanjharpur, Madhubani, in connection with Ghoghardiha Police

          Station Case No. 118 of 2024, subject to the condition laid down
           Patna High Court CR. MISC. No.9062 of 2026(3) dt.27-04-2026
                                                       3/3




                     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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