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Patna High Court

Bhola YadavversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The Court granted anticipatory bail to petitioners No. 1, 3, 4 and 5 while dismissing the application for petitioner No. 2 as withdrawn.

Summary

The petitioners, members of the Yadav family, were charged in Hathiyawan P.S. Case No. 66 of 2025 under Sections 329(3), 126(2), 115(2), 109(1), 352 and 3(5) of the B.N.S. 2023 for allegedly assaulting an informant and her family members during a dispute over unplugged wires. While the application for anticipatory bail was pending, petitioner No. 2, Swarath Yadav, was arrested, prompting the petitioner’s counsel to withdraw the bail request for him. The remaining petitioners argued that they were innocent, that the injuries were simple, and that there existed a prior enmity between the parties. The Court, noting the co‑villager relationship, the simple nature of the injuries, and the lack of serious threat to public order, granted anticipatory bail to petitioners No. 1, 3, 4 and 5 subject to a bail bond of Rs.10,000 with two sureties each. The application for petitioner No. 2 was dismissed as withdrawn, and the bail order was conditioned on compliance with Section 482(2) of the B.N.S. 2023.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the accused under the listed sections of the B.N.S. 2023 given the nature of the alleged offences?

Legislation cited

  • B.N.S., 2023 — s. 109(1), 115(2), 126(2), 329(3), 3(5), 352, 482(2)

Subjects

  • anticipatory bail
  • assault
  • Section 482
  • simple injuries
  • co‑villagers
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9336 of 2026
                      Arising Out of PS. Case No.-66 Year-2025 Thana- Hathiyav District- Sheikhpura
                 ======================================================
           1.     Bhola Yadav S/o- Saudhar Yadav @ Sodhar Yadav Resident of vill-
                  Dharampur PS- Hathiyawan Dist- Sheikhpura
           2.    Swarath Yadav S/o- Saudhar Yadav @ Sodhar Yadav Resident of vill-
                 Dharampur PS- Hathiyawan Dist- Sheikhpura
           3.    Manoj Yadav S/o- Saudhar Yadav @ Sodhar Yadav Resident of vill-
                 Dharampur PS- Hathiyawan Dist- Sheikhpura
           4.    Bittu Yadav S/o- Manoj Yadav Resident of vill- Dharampur PS- Hathiyawan
                 Dist- Sheikhpura
           5.    Golu Yadav S/o- Manoj Yadav Resident of vill- Dharampur PS- Hathiyawan
                 Dist- Sheikhpura

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Kumari Anupam
                 For the Opposite Party/s :        Mr.Gauri Shankar Gupta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   12-03-2026                  1. At the very outset, Ms. Kumari Anupam, learned

                   counsel for the petitioners submits that during pendency of this

                   application, the petitioner no. 2- Swarath Yadav has been

                   arrested, as such, she seeks permission to withdraw this

                   application for anticipatory bail with respect to the petitioner no.

                   2- Swarath Yadav.

                                2. Permission is accorded.

                                3. The application is dismissed as withdrawn qua the

                   petitioner no. 2.
Patna High Court CR. MISC. No.9336 of 2026(2) dt.12-03-2026
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                       4. Heard the parties.

                       5. The remaining petitioners apprehend their arrest in

          connection with Hathiyawan P.S. Case No. 66 of 2025 dated

          03.12.2025 registered under Sections 329(3), 126(2), 115(2),

          109(1), 352, 3(5) of the B.N.S. 2023.

                       6. As per the first information report on 02.12.2025

          while the informant along with her family members were

          sowing paddy in her field in the meantime the petitioners armed

          with weapons in their hands arrived at the place of occurrence

          and started abusing her saying that she and her family members

          have unplugged the wires, to which she refused. Thereafter,

          petitioner no. 1- Bhola Yadav assaulted over the head of the

          informant with spade due to which she sustained head injury.

          When her son Rajniti Ram came to rescue, the petitioner no. 2-

          Swarath Yadav assaulted him over his head with an axe causing

          head injury. It is further alleged that the petitioner no. 3- Manoj

          Yadav assaulted her another son Akash Ram over his leg due to

          which he sustained injury in his left leg. The accused persons

          also assaulted the informant’s husband Shambu Ram.

                       7. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case inasmuch as they have not committed any offence in the
               Patna High Court CR. MISC. No.9336 of 2026(2) dt.12-03-2026
                                                           3/3




                         manner alleged. Both the parties are co-villagers and there is

                         previous enmity between them. She further submits that injuries

                         sustained by the informant’s side are simple in nature.

                                      8. Regard being had to the submission made by the

                         parties, taking into consideration the fact that both the parties

                         are co-villagers having previous enmity and injuries are simple

                         in nature, accordingly, I am inclined to grant anticipatory bail to

                         the petitioner no. 1, 3, 4 & 5.

                                      9. Let the petitioner no. 1, 3, 4 & 5 , above named, be

                         released on anticipatory bail in the event of arrest or surrender

                         before the court below 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 C.J.M., Sheikhpura in connection with Hatihyawan

                         P.S. Case No. 66 / 2025 subject to the condition as laid down

                         under Section 482 (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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