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Patna High Court

Nageshwar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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court granted anticipatory bail to the petitioners, subject to bond and surety conditions, and dismissed the appeal as withdrawn with respect to Brajesh Kumar.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

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
                                                        3/3




                      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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