Patna High Court
Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Shankar Yadav and Sanjay Yadav, sought anticipatory bail in connection with a criminal case (Atri P.S. Case No. 510 of 2023) alleging offences under several IPC sections including assault, robbery and attempt to murder. The prosecution alleged that the petitioners entered the informant's house, assaulted family members and looted valuables, with specific allegations of assault on a child. The petitioners contended they were innocent, claiming the dispute stemmed from a land disagreement and that a compromise had been reached, also noting their five prior criminal antecedents. The State opposed the bail, emphasizing the seriousness of the charges and the petitioners' criminal history. The Court, considering the compromise annexure and the circumstances, exercised its discretion under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail subject to bond and surety conditions.
Issues considered
- Whether anticipatory bail should be granted despite the petitioners' multiple criminal antecedents and the serious nature of the alleged offences.
- Whether the existence of a compromise between the parties influences the grant of anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 307, 323, 341, 354/34, 379, 448, 504, 506
Subjects
- anticipatory bail
- criminal antecedents
- land dispute
- assault
- robbery
- IPC sections
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91861 of 2025
Arising Out of PS. Case No.-510 Year-2023 Thana- ATRI District- Gaya
======================================================
1. Shankar Yadav S/o Ramswarath Yadav R/o vill- Tetua, Vidhar Par, P.S- Atri,
Distt.- Gaya jee
2. Sanjay Yadav @ Sanjay Kumar S/o Ramswarath Yadav R/o vill- Tetua,
Vidhar Par, P.S- Atri, Distt.- Gaya jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shankar Kumar, Adv
For the Opposite Party/s : Ms.Renuka Ratnakar (App.125)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Atri P.S. Case No. 510 of 2023, registered for the offence
punishable under Sections 341, 323, 307, 379, 448, 504, 506,
354/34 of the Indian Penal Code.
3. The case of the prosecution, in short, as per the
informant is that all the accused persons named in the F.I.R.,
including the petitioners entered into the house of the informant
and assaulted the informant and his family members. It is
further alleged that co-accused, Sanjay kumar (the petitioner no.
02), Upendra yadav, Azad Kumar and Ranjya Yadav, looted the
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articles like khatiyan, Kewala, ornaments and clothes from the
house of the informant having broken a box. It is further alleged
that co-accused Azad Kumar assualted a child, namely, Shiv
Kumar, aged about 5 years and co-accused, Sanjay Kumar
(Petitioner no. 02) assaulted a child aged about 8 months.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. The
petitioners and informant are agnates and there is land dispute
between them due to which scuffle took place. The petitioners
have five criminal antecedents.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. All the petitioners are having five criminal
antecedents which have been disclosed in paragraph 3 of the
application. In all five cases, the petitioners are said to be on
bail. In paragraph 11 of the application, it has been stated that
the informant and his family members are in habit of lodging
FIR against the petitioners, thereby trying to establish that there
is a history of litigation between the two sides. Learned counsel
for the petitioners also draws attention of this Court to a
compromise between both sides which has been brought on
record by way of Annexure-2 of the application. There is also
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general and omnibus allegation against the petitioners. Under
these circumstances, this Court is inclined to grant privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Gaya Jee in connection with Atri P.S. Case No. 510
of 2023, subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
kiran/-
U T
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