Patna High Court
Nageshwar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions, and dismissed the appeal as withdrawn with respect to Brajesh Kumar.
Summary
The petitioners, six residents of Badhar village, feared arrest in a case (PS‑Kalpa, Jehanabad) involving offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S. They alleged that the FIR stemmed from a land‑dispute in which an informant and his son were assaulted and injured. The petitioners contended that the allegations were vague, the injuries were minor, and they had clean antecedents. Their counsel sought anticipatory bail and also withdrew the appeal of one petitioner, Brajesh Kumar. The court granted permission to withdraw that appeal and, after hearing both sides, ordered that the remaining petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code.
- Whether the allegations in the FIR are sufficient to deny bail, considering the alleged land‑dispute and alleged assault.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- Criminal Procedure Code
- Section 438
- Section 482
- withdrawal of appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9253 of 2026
Arising Out of PS. Case No.-1219 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
1. Nageshwar Yadav Son of Late Devnandan Yadav Resident Of Village
-Badhar Ps- Kalpa (Jehanabad), Dist- Jehanabad
2. Sudhir Kumar son of Bijendra Yadav Resident Of Village -Badhar Ps- Kalpa
(Jehanabad), Dist- Jehanabad
3. Brajesh Kumar Son of Bijendra Yadav Resident Of Village -Badhar Ps-
Kalpa (Jehanabad), Dist- Jehanabad
4. Ramesh Kumar Son of Ghamandi Yadav Resident Of Village -Badhar Ps-
Kalpa (Jehanabad), Dist- Jehanabad
5. Dinesh Kumar Son of Ghamandi Yadav Resident Of Village -Badhar Ps-
Kalpa (Jehanabad), Dist- Jehanabad
6. Bijendra Yadav Son of Late Putli Yadav Resident Of Village -Badhar Ps-
Kalpa (Jehanabad), Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 18-04-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 352, 351(2), 3(5) of the BNS.
3. Learned counsel for the petitioners seeks
permission to withdraw the appeal with respect to appellant no.
3 (Brajesh Kumar), who was arrested during pendency of the
Patna High Court CR. MISC. No.9253 of 2026(3) dt.18-04-2026
2/3
same.
4. Permission is accorded.
5. Accordingly, the instant appeal is dismissed as
withdrawn with respect to appellant no. 3 (Brajesh Kumar).
6. Learned counsel for the petitioners next submits
that the rest of the petitioners are persons with clean antecedent
and the informant alleges that accused persons are trying to grab
his land, hence, seven named accused persons including the
petitioners intercepted him and his son on 22.11.2025 at 7 am
and abused and assaulted him and his son causing injury on
head. But the informant and his son managed to escape and
were admitted in a hospital.
7. Learned counsel for the petitioners next submitted
that from perusal of the allegation as alleged in the FIR it would
manifest that on account of dispute relating to land the
occurrence is alleged to have taken place. It is further submitted
that even allegation of assault is not specific rather is general
and omnibus in nature. It is next submitted that even injury
suffered by the injured has been opined to be simple in nature
and petitioners are not criminals.
8. Learned A.P.P. for the State and learned counsel
appearing on behalf of the petitioners opposes the prayer for
Patna High Court CR. MISC. No.9253 of 2026(3) dt.18-04-2026
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anticipatory bail of the petitioners but then they are not in a
position to rebut the submission of the learned counsel for the
petitioners that petitioners are not criminals and the injury has
been opined to be simple in nature.
9. After hearing learned counsel for the parties, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/Successor Court in connection with
Jehanabad (Kalpa) P.S. Case No. 1219 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
khushbu/-
U T
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