Patna High Court
Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that, given the false implication claim and underlying land dispute, the petitioners are entitled to anticipatory bail.
Summary
The petitioners, Pawan Yadav and Mithilesh Yadav, were implicated in a FIR alleging robbery, assault and illegal possession of arms, arising from an incident on 29-04-2025 where the informant claimed they fired at him and stole cash and documents. The petitioners contended that the allegations were false and stemmed from an ongoing land dispute, noting a prior FIR lodged by the informant's mother against them. The court examined the nature of the allegations, the existence of a pre‑existing land dispute, and the lack of injury to the informant. Considering these factors, the court exercised its power under Section 438 of the CrPC and Section 482 of the BNSS to grant anticipatory bail. The petitioners were ordered to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks, subject to the stipulated conditions.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC in view of the offences alleged under the BNS, 2023 and the Arms Act.
- Whether the existence of a prior land dispute and alleged false implication justify the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- BNS, 2023 — s. 109(1), 126(2), 303(2), 3(5)
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- land dispute
- robbery
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9188 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
1. Pawan Yadav S/o Suryanarayan Yadav Resident of Village- Chakla
Alamnagar, PS- Alamnagar, District-Madhepura
2. Mithilesh Yadav @ Mithilesh Kumar S/o Peerwat Yadav Resident of
Village- Chakla Alamnagar, PS- Alamnagar, District-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra
For the Opposite Party/s : Mr. Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 27-04-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Alamnagar Police Station Case No. 136 of 2025,
disclosing offences under Sections 126(2), 109(1), 303(2), 3(5)
of the BNS, 2023, and Section 27 of the Arms Act.
3. As per the FIR, on 29.04.2025, at about 5 p.m.,
while the informant was returning back to his home, two
motorcycle-borne criminals having mask on their faces fired
upon the informant, snatched Rs. 15,000/- and a bag having
educational certificates and land papers of the informant. The
informant has alleged that the firing was made upon him at the
Patna High Court CR. MISC. No.9188 of 2026(3) dt.27-04-2026
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instance of the petitioners.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case on account
of land dispute between the parties for which a title suit has
been filed by the petitioners against the informant and others
having Title Suit No. 48 of 2022. The informant has not
sustained injury due to alleged firing made by the unknown
criminals. The criminal antecedent against the petitioners as
mentioned in Paragraph 3 of this petition was an FIR lodged by
the mother of the informant against the petitioners due to land
dispute.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the nature of
allegation and the fact that there is a previous land dispute
between the parties, I am inclined to grant the petitioners
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their 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,
Patna High Court CR. MISC. No.9188 of 2026(3) dt.27-04-2026
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Udakishunganj, Madhepura, in connection with Alamnagar
Police Station Case No. 136 of 2025, subject to the condition
laid down 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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