Bhavesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29433 of 2026 Arising Out of PS. Case No.-215 Year-2024 Thana- KATORIYA District- Banka ====================================================== Bhavesh Yadav S/o Kameshwar Yadav R/o Village - Jayshree, P.S. - Katoriya, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Katoriya P.S. Case No. 215 of 2024 dated 22.09.2024 registered for the offence punishable under Section/s 126(2), 115(2), 117(2), 109, 76, 303(2), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on 21.09.2024 at about 8:00 P.M., the Informant found the accused persons assaulting Kamdev Yadav. When Vijaya Devi intervened, she was allegedly struck on the head with an iron rod by Bhavesh Yadav (petitioner), causing a fracture injury. It is further alleged that the informant and his wife were also assaulted, the wife's silver chain was snatched, and silver ornaments along with cash
Patna High Court CR. MISC. No.29433 of 2026(3) dt.24-06-2026 2/3 of Rs. 20,000/- were taken away from Kamdev Yadav's house. The accused persons also threatened the informant with dire consequences.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely implicated in the present case. It is submitted that for constructing a boundary wall, the altercation is said to have been taken place between the parties, while the petitioner and the Informant are brothers. It is further submitted that the injuries, which is said to have been sustained by the Informant, have been found to be simple in nature. The petitioner undertakes not to commit the same offence in future if he is enlarged on anticipatory bail. Lastly, it is submitted that the petitioner is a person of clean antecedent.
5. Learned APP for the State opposes the prayer for grant of anticipatory bail.
6. Having heard learned counsel for the parties and considering the fact that the dispute arose out of the construction of a boundary wall between the parties, who are brothers, and further considering that the petitioner has no criminal antecedents and undertakes not to commit a similar offence in future, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.29433 of 2026(3) dt.24-06-2026 3/3 court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoriya P.S. Case No. 215 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) 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(s) 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.
(Ajit Kumar, J) rishi/- U T