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Patna High Court

ROHIT YADAV @ ROHIT KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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