Patna High Court
Bhola YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
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granted anticipatory bail to petitioners No. 1, 3, 4 and 5 while dismissing the application for petitioner No. 2 as withdrawn.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 The application for petitioner No. 2 was dismissed as withdrawn, and the bail order was conditioned on compliance with Section 482(2) of the B.N.S. 2023.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
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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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