Sonu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15898 of 2026 Arising Out of PS. Case No.-360 Year-2025 Thana- BANKA District- Banka ====================================================== Sonu Yadav S/O Chotan Yadav R/O Vill.- Sanhoula, P.S. and Dist.- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2026 Heard Learned Counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner is apprehending arrest in connection with Banka P.S. Case No.360 of 2025 lodged on 19.08.2025, for the offences punishable under Sections 126(2), 115(2), 125, 109(1), 351, 352(2) and 3(5) of the B.N.S., 2023.
3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioner with allegation that they drove tractor over the informant with a view to kill due to which fracture took place.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner and informant are full brother and dispute between them was going on for partition of
Patna High Court CR. MISC. No.15898 of 2026(2) dt.25-03-2026 2/3 agricultural land, but time and again, scuffling took place between them. He further submits that allegation of driving tractor over the informant is not correct rather accident took place of his brother and this accident has been taken by him as an opportunity to lodge false and fabricate case.
5. Counsel submits that the criminal antecedent of the petitioner is not clean as there are two criminal cases pending against him in both cases, which he is on bail.
6. Learned counsel for the informant appeared suo moto, vehemently opposes the prayer for bail and submits that it is true that informant and petitioner are brother, but his brother is a litigant person. There are two criminal cases pending against him. He also submits that the FIR has been delayed, due to ongoing treatment in the hospital.
7. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the dispute is relating to partition of land between the parties.
8. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
Patna High Court CR. MISC. No.15898 of 2026(2) dt.25-03-2026 3/3 as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No.360 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023 with the following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station for one year within every fortnight to mark attendance.
(Dr. Anshuman, J) Prakashmani/- U T