Ishwarlal Kumar Yadav @ Ishwar Lal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6672 of 2026 Arising Out of PS. Case No.-697 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Ishwarlal Kumar Yadav @ Ishwar Lal Yadav Son of Harendra Yadav R/o Village - Ahwar Kudiya, Ward no. 10, Police Station - Majhauliya, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Majhaulia P.S. Case No. 697 of 2025 for the offence under sections 126(2), 115(2), 109, 303(2), 352, 351(3) and 3(5) of the BNS lodged on 13.10.2025 by the informant, Hira Prasad Yadav.
3. As per the prosecution story, the informant alleged that due to land dispute, the accused persons armed variously attacked the informant's side and allegation against this petitioner is of giving 'farsa' blow causing injury to the informant. This led to the FIR.
4. Learned counsel for the petitioner submits that there is case and counter-case and both sides have suffered injuries. While the injury of the informant has been found to be simple in
Patna High Court CR. MISC. No.6672 of 2026(3) dt.01-04-2026 2/3 nature, so far as the petitioner herein is concerned, the injury has been recorded as grievous which has been brought on record by way of supplementary affidavit (Annexure-4 series).
5. Earlier, the Coordinate Bench had called for the case diary and injury report which are now available.
6. Though learned APP, Mr. Bharat Bhushan opposes the prayer, concede that there is case and counter-case and both sides have suffered injuries.
7. Taking into account the submissions of the parties as also that there is case and counter-case, both sides have suffered injuries, while the petitioner herein has suffered grievous injury, the informant's injury has been found to be simple in nature and this petitioner do not have any criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 697 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.6672 of 2026(3) dt.01-04-2026 3/3 member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T