Shiv Bachan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10031 of 2026 Arising Out of PS. Case No.-22 Year-2025 Thana- Manikpur P.S District- Arwal ====================================================== Shiv Bachan Yadav S/O Late Babu Chand Yadav R/o Vill.- Basantpur, P.s.- Manikpur, Dist.- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Birendra Kumar, Advocate For the State :
Ms. Nirmala Kumari, APP For the Informant :
Ms. Chandni Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Manikpur P.S. Case No. 22 of 2025, registered for offences punishable under Sections 115(2), 127(1), 110, 303(2), 103(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 13.03.2025 at around 5:00 P.M., the FIR named accused persons, including this petitioner, came to the house of the informant armed with lathi, danda and iron rod and started abusing him. It is further alleged that when the informant objected, they assaulted him, causing a head injury on the left side from which blood started oozing out. When he raised
Patna High Court CR. MISC. No.10031 of 2026(2) dt.18-02-2026 2/3 alarm, his wife, Sangeeta Devi, came to rescue him, but she too was assaulted and a gold chain worth about Rs.1,20,000/- was snatched from her neck. Meanwhile, the informant's father, Kashi Prasad, came to intervene, but all the accused persons together assaulted him with sticks and iron rods, inflicting grievous injuries. The family members of the informant called the police on Dial 112, upon which the accused fled away after issuing threats. The victims were taken to Kurtha Health Centre and then referred to Arwal Sadar Hospital, and on 14.03.2025, a phone call informed them about the death of informant's father after which, the present FIR was registered.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and he has been falsely implicated in the present case. As a matter of fact, both parties are agnates and due to long standing land dispute, maar-peet took place between the parties in which both sides sustained injuries. There is a case and counter case between them. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. It is further submitted that coaccused Santosh Kumar, having similar and identical allegations, has already been granted bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 27.08.2025 passed
Patna High Court CR. MISC. No.10031 of 2026(2) dt.18-02-2026 3/3 in Cr. Misc. No. 58908 of 2025. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 27.11.2025.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties, claim based on parity, period of custody and clean antecedents of the petitioner, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Manikpur P.S. Case No. 22 of 2025. (Prabhat Kumar Singh, J) shashank/- U T