Patna High Court
ROHIT YADAV @ ROHIT KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners Rohit Yadav, Dineshwari Devi and Geeta Devi applied for anticipatory bail in a case arising from a land dispute, where they were alleged to have abused and manhandled an informant on 27 November 2025, with a co‑accused assaulting the informant’s son with an axe. The prosecution charged them under Sections 115(2), 126(2), 118(1), 118(2) and 109 of the Bharatiya Nyaya Sanhita, 2023. The petitioners argued that the allegations were vague, the dispute was longstanding, and a prior related case (Jhajha PS Case No. 560 of 2025) pre‑dated the FIR. The court, noting the lack of specific allegations against the petitioners and the context of the land dispute, decided to grant anticipatory bail. The bail was conditioned on a bond of Rs 10,000 with two sureties each, to be filed within four weeks, and was subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita given the alleged offences
- Whether the allegations against the petitioners are sufficiently specific to deny bail
- Whether the existence of a longstanding land dispute and a prior case impacts the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 482(2)
Subjects
- anticipatory bail
- land dispute
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9390 of 2026
Arising Out of PS. Case No.-564 Year-2025 Thana- JHAJHA District- Jamui
======================================================
1. Rohit Yadav @ Rohit Kumar S/o- Gopal Yadav R/v- Kaujatol Ps- Jhajha
Dist- Jamui
2. Dineshwari Devi @ Rukmani Devi W/o- Gopal Yadav R/v- Kaujatol Ps-
Jhajha Dist- Jamui
3. Geeta Devi W/o- Ranjeet Yadav R/v- Kaujatol Ps- Jhajha Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 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 Jhajha Police Station Case No. 564 of 2025, disclosing
offence under Sections 115(2), 126(2), 118(1), 118(2) and 109
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on 27.11.2025, the
petitioners along with other accused persons arrived at the house
of the informant and started abusing him. When the informant
objected, the accused persons manhandled the informant and his
family members. In the meanwhile, the co-accused, Rajesh
Yadav, assaulted the informant’s son with a tangi (axe), due to
Patna High Court CR. MISC. No.9390 of 2026(2) dt.12-03-2026
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which he sustained injuries.
4. Learned counsel for the petitioners submits that
there is previous land dispute between the parties. Case and
counter case is there and the case lodged by the side of the
petitioners, bearing Jhajha P.S. Case No. 560 of 2025, is prior in
time to the present FIR. The allegation against the petitioners is
not specific and the specific allegation of assault upon the son of
the informant is against co-accused Rajesh Yadav. Petitioner no.
2 is a lady aged about 60 years.
5. Regard being had to the submissions made by the
parties and taking into consideration the fact that there is
longstanding land dispute between the parties, case and counter
case is there and the allegation against the petitioners is not
specific, 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) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Jamui, in connection with Jhajha Police Station
Patna High Court CR. MISC. No.9390 of 2026(2) dt.12-03-2026
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Case No. 564 of 2025, subject to the condition laid down under
Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
U T
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