Basudev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11743 of 2026 Arising Out of PS. Case No.-429 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== 1.

Basudev Yadav Son of Late Puran Yadav R/o Village - Kachaudi, Tola Nainbigha, P.S. - Sherghati, Dist. - Gaya.

2.

Pankaj Yadav @ Pankaj Kumar Son of Basudev Yadav R/o Village - Kachaudi, Tola Nainbigha, P.S. - Sherghati, Dist. - Gaya. 3.

Madan Yadav @ Madan Kumar Son of Basudev Yadav R/o Village - Kachaudi, Tola Nainbigha, P.S. - Sherghati, Dist. - Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2026 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 110, 118(1), 324(2), 351(2), 303(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on 04.08.2024, all the F.I.R. named accused persons, including these petitioners, variously armed, came at the door of informant and petitioner no. 1 assaulted the mother-in-law of the informant by means of khanti, petitioner no. 2 assaulted on her head by means of

Patna High Court CR. MISC. No.11743 of 2026(5) dt.13-07-2026 2/3 gadasa and petitioner no. 3 assaulted on her head by means of lathi and petitioner no. 3 along with co-accused Basanti Devi assaulted on the hand of brother-in-law of informant.

4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have committed no offence. On account of land dispute, a free fight took place between the parties in which both sides sustained injuries. Case and counter case. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application and submits that injury caused by petitioner no. 3 is found to be grievous.

6. In view of the fact that petitioner no. 3 caused grievous injury, prayer for anticipatory bail of petitioner no. 3 is refused.

7. However, considering the nature of accusation against petitioner nos. 1 & 2, the anticipatory bail with regard to petitioner nos. 1 & 2 is allowed and it is ordered that the above named petitioner nos. 1 & 2 in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Additional Chief

Patna High Court CR. MISC. No.11743 of 2026(5) dt.13-07-2026 3/3 Judicial Magistrate 1st, Sherghati at Gaya in connection with Sherghati P. S. Case No. 429 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Prabhat Kumar Singh, J) Navya/- U T