Om Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11895 of 2026 Arising Out of PS. Case No.-284 Year-2025 Thana- GUTHANI District- Siwan ====================================================== 1.
Om Prakash Yadav S/o Gorakh Yadav @ Ramayan Yadav @ Gorakh Chaudhary Resident of vill- Khap Mishrouli, PS- Guthni, Dist- Siwan 2.
Janardan Yadav S/o Gorakh Yadav @ Ramayan Yadav @ Gorakh Chaudhary Resident of vill- Khap Mishrouli, PS- Guthni, Dist- Siwan 3.
Gorakh Yadav @ Ramayan Yadav @ Gorakh Chaudhary S/o Late Gopal Yadav Resident of vill- Khap Mishrouli, PS- Guthni, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anupam, Advocate.
For the Opposite Party/s :
Mr.Pushpa Sinha.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-04-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Guthni P.S. Case No. 284 of 2025 registered for the offence punishable under Sections 191(2), 126(2), 115(2), 118(1), 117(2), 109(1), 303(2), 351(2) and 352 of the BNS.
3. As per the allegation made in the F.I.R., all the accused persons, including the petitioners, are alleged to have assaulted the informant and his family members, causing injuries to them. It is further alleged that the accused persons also committed theft of cash and ornaments.
Patna High Court CR. MISC. No.11895 of 2026(3) dt.27-04-2026 2/3
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have committed no offence as alleged in the F.I.R. It is further submitted that both parties are pattidars and there exists an admitted land dispute between them, which has given rise to the present case. On these grounds, learned counsel prays that the petitioners be enlarged on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature and gravity of the allegations levelled against petitioner no. 2, Janardan Yadav, it appears that he is specifically alleged to have assaulted Munna Yadav with an intention to kill by inflicting injury on the head, which is a vital part of the body. The injury has also been opined by the doctor to be grievous in nature. In view of the aforesaid facts and circumstances, this Court is not inclined to enlarge petitioner no. 2, Janardan Yadav, on pre-arrest bail.
7. So far as petitioner nos. 1 and 3 are concerned, the injury sustained by the victims and attributable to these petitioners are simple in nature, they are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on
Patna High Court CR. MISC. No.11895 of 2026(3) dt.27-04-2026 3/3 furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Siwan in connection with Guthni P.S. Case No. 284 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
8. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T