Patna High Court
Ajay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to petitioner No. 1 but denied to petitioner No. 2.
Summary
Ajay Kumar Yadav and Vijay Kumar Yadav applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 117(2), 109 and 3(5) of the Bihar Narcotic Substances Act, 2023. They asserted that they have clean antecedents and that the informant, a co‑villager with whom they have a land‑passage dispute, falsely implicated them. The informant alleged that the accused assaulted him with a knife and other weapons, causing injuries, but the petitioners contended that the injuries were caused by a blunt object and that the informant was the aggressor. The State opposed the anticipatory bail, emphasizing the seriousness of the alleged assault. Justice Satyavrat Verma granted anticipatory bail to petitioner No. 1 (Ajay Kumar Yadav) subject to bail bonds and sureties, but declined to extend the same relief to petitioner No. 2 (Vijay Kumar Yadav).
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Narcotic Substances Act, 2023 in view of the alleged offences and the factual dispute.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 482(2)
Subjects
- anticipatory bail
- false implication
- criminal procedure
- Bihar Narcotic Substances Act
- section 482
- injury report
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9795 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- KOPA District- Saran
======================================================
1. Ajay Kumar Yadav S/O Bhagat Yadav R/O Village- Tarwan Pojhia, P.S-
Kopa, Distt.- Saran.
2. Vijay Kumar Yadav S/O Sabru Yadav @ Sanvaru Ray R/O Village- Tarwan
Pojhia, P.S- Kopa, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 117(2), 109 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that he had gone for grazing his cattles near a canal
when the accused persons including the petitioners on two
motorcycles came and assaulted him with khanti, dabia and
knife causing injury on both hands and also suffered fracture of
leg, further Vijay assaulted him by knife while Ajay had caught
Patna High Court CR. MISC. No.9795 of 2026(2) dt.30-03-2026
2/3
him causing cut injury on chin.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant, it is next submitted that petitioners and the
informant are co-villagers and are having dispute relating to
passage. It is also submitted that it were the side of the
informant who were the aggressors, who had earlier assaulted
the side of the petitioners for which Kopa P.S. Case No. 299 of
2025 was instituted by the side of the petitioners against the
informant and his side. It is also submitted that as far as
petitioner no. 1 is concerned, the allegation against him of
holding the informant is ornamental in nature.
5. Learned A.P.P. for the State opposes the
anticipatory bail application and submits that allegation against
petitioner no. 2 is of assaulting the informant by knife causing
cut injury on chin, on which the learned counsel appearing on
behalf of the petitioners submits that though it is alleged that
petitioner no. 2 assaulted by knife causing injury, but then from
perusal of the injury report, it would manifest that the same
records that the injury has been caused by hard and blunt
substance, on which the learned APP submits that the injury has
been opined to be grievous in nature.
Patna High Court CR. MISC. No.9795 of 2026(2) dt.30-03-2026
3/3
6. After hearing the learned counsel for the parties,
the petitioner no. 1 above-named, in the event of his 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) 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 Kopa P.S. Case
No. 303 of 2025 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
7. However, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner no. 2.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…