Patna High Court
Umesh Kumar @Umesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail subject to the conditions imposed by the Court.
Summary
The petitioners, including Chalitra Yadav and five others, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 117(2), 109, 118(1), 303(2), 352, 351(2) and 3(5) of the Bihar Penal Code, alleging they were falsely implicated in a land‑dispute‑related altercation that resulted in injuries and the later death of a petitioner's brother. The petitioners claimed the incident was a mutual fight arising from a land dispute and that any injuries caused to the informant’s side were in self‑defence without intent to kill. The State opposed the bail, emphasizing the seriousness of the offences and the death of the brother. The Court, after examining the FIR and noting the existence of a case‑and‑counter‑case, observed that the petitioners have clean antecedents and have made out a prima facie case for bail. Accordingly, the Court ordered that the petitioners be released on pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the seriousness of the offences and the death of a relative.
- Whether the existence of a land‑dispute and a case‑and‑counter‑case establishes a prima facie case for bail.
- Whether the petitioners' clean antecedents justify the exercise of the High Court's inherent powers under Section 482(2) of the Bihar Criminal Procedure Code.
Subjects
- pre‑arrest bail
- land dispute
- self‑defence
- clean antecedents
- Section 482
- Bihar Penal Code
- serious offences
- death of victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91877 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Chalitra Yadav Son of Shaukhi Lal Yadav @ Shaukhi Yadav Resident of
Village - Madhiya, P.S.- Basopatti, District - Madhubani, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 91265 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
1. Umesh Kumar @ Umesh Yadav S/o-Late Indra Narayan Yadav
2. Jay Shankar Kumar @ Shankar Yadav S/o-Late Indra Narayan Yadav
3. Manas Kumar @ Manish Yadav S/o-Late Indra Narayan Yadav
4. Amod Kumar @ Amod Yadav S/o-Late Indra Narayan Yadav
5. Mithilesh Kumar @ Mithilesh Yadav S/o Chalitar Yadav
All are Resident of Village Madhiya, PS-Basopatti, District-Madhubani,
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 91877 of 2025)
For the Petitioner/s : Ms. Shristi Singh, Advocate
M/s .Ratnesh Kumar, Advocate
Parul Prasad, Advocate
Aditya Anand, Advocate
For the Opposite Party/s : Mr.Bharat Lal, APP
(In CRIMINAL MISCELLANEOUS No. 91265 of 2025)
For the Petitioner/s : Ms. Shristi Singh, Advocate
M/s .Ratnesh Kumar, Advocate
Parul Prasad, Advocate
Aditya Anand, Advocate
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 02-04-2026 Heard learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.91877 of 2025(3) dt.02-04-2026
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petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Basopatti P.S. Case No. 94 of 2025 registered for the
offence(s) punishable under Sections
126(2),115(2),117(2),109,118(1),303(2),352,351(2),3(5), of the
BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners assaulted the
family members of the informant with an intention to kill,
causing injuries to them.
4. Ms. Shristi Singh, learned counsel appearing on
behalf of the petitioners submitted that petitioners are innocent
and have falsely been implicated in the present case. Learned
counsel further submitted that the petitioners and informant are
own Gotia and there is case and counter case between the
parties arising out of same incidence and due to admitted land
dispute, an altercation took place in which, both the sides
sustained injuries and petitioners in their self-defence, without
any intention, might have caused some injuries to the
informant’ side. Learned counsel further submitted that own
brother of one of the petitioners/Chalitra Yadav sustained injury
in the said incidence and after four months of his treatment, he
Patna High Court CR. MISC. No.91877 of 2025(3) dt.02-04-2026
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died.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that there is case and counter case
between the parties arising out of same incidence and due to
admitted land dispute, an altercation took place in which, both
the sides sustained injuries and brother of one of the petitioners
succumbed to his injuries after undergoing treatment for a
period of four months and petitioners in their self-defence,
without any intention, might have caused some injuries to the
informant’ side. I am of the opinion that petitioners, who are
having clean antecedents, have, prima facie, made out a case to
be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge, VI, Madhubani / Concerned Court in connection with
Patna High Court CR. MISC. No.91877 of 2025(3) dt.02-04-2026
4/4
Basopatti P.S. Case No. 94 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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