Badri Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35787 of 2026 Arising Out of PS. Case No.-8 Year-2026 Thana- NADI THANA District- Darbhanga ====================================================== 1.
Badri Yadav S/o Late Yadu Yadav Resident of Village - Sripur Gobrahi, P.S. - Nadi Thana Ujuwa, District - Darbhanga.
2.
Raja Babu @ Raja Yadav S/o Sri Badri Yadav Resident of Village - Sripur Gobrahi, P.S. - Nadi Thana Ujuwa, District - Darbhanga. 3.
Sushil Kumar @ Sushil Yadav S/o Badri Yadav Resident of Village - Sripur Gobrahi, P.S. - Nadi Thana Ujuwa, District - Darbhanga. 4.
Suman Kumar @ Suman Yadav S/o Sri Praveen Yadav Resident of Village - Sripur Gobrahi, P.S. - Nadi Thana Ujuwa, District - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Purushottam Kumar, Advocate For the Opposite Party/s :
Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 26-05-2026 Heard the learned counsel for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Nadi P.S. Case No. 08 of 2026, for allegedly having committed offence under Sections 126(2), 115(2), 109(1), 303(2), 352, 351(2), 3(5) of the BNS, 2023.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that on 02.02.2026 at around 03:20 P.M., all the accused persons including the petitioners herein came armed with iron rod at the door of the informant and started abusing him. Upon protest made by the informant, Badri Yadav (petitioner no.1) gave order for assault, upon which the
2/4 petitioners herein namely Suman Yadav (petitioner no.4) and Raja Yadav (petitioner no.2) caught the waist of the informant and co-accused Praveen Yadav gave farsa blow on his head with an intention to kill him, due to which he suffered injuries on his head. Thereafter, co-accused Manoranjan Yadav repeatedly assaulted him with an iron rod on his head. When he tried to save him, he suffered fracture on his both hands. When his son Bhim Yadav came to rescue him, he was assaulted on his head with iron rod, which he tried to stop by his hand, due to which he sustained injury in his hand and his palm was fractured. When local villagers came there, the matter was pacified and the informant and the son were taken to Primary Health Centre, Kusheshwar Asthan for treatment.
4. The learned counsel for the petitioners submit that the petitioners are innocent and have not committed any offence. He further submits that it was the prosecution party, which attacked the family members of the petitioners herein. He further submits that on the written report submitted by coaccused Manorajan Yadav, Nadi P.S Case No. 07 of 2026 was instituted on the same date and the present case is a counter blast of Nadi P.S. Case No. 07 of 2026. He further submits that the allegation against petitioner no. 1 is of giving order to
3/4 assault upon which petitioner no. 2 and 4 are said to have caught hold the waist of the informant. The specific allegation of assault is against co-accused Praveen Yadav and Manoranjan Yadav. So far the petitioner no. 3 is concerned, no allegation at all has been leveled against him in the entire first information report. The learned counsel for the petitioners further submits that there is a dispute in between the parties with regard to a land. The petitioner nos. 1, 2 and 3 are accused in two other cases, whereas petitioner no. 4 has got a clean antecedent.
5. Per contra, the learned APP for the State vehemently opposes the prayer for bail of the petitioners and submits that the petitioner nos. 1, 2 and 3 are accused in two other cases and therefore, they do not deserve the privilege of anticipatory bail.
6. Having heard the rival submissions and after going through the records, it appears that the present case is a counter blast of Nadi P.S Case No. 07 of 2026, which was instituted by the co-accused Manorajan Yadav against the prosecution side, in which the informant is also an accused. Further, the specific allegation of assault on the head of the informant is against co-accused Praveen Yadav and Manoranjan Yadav and the only allegation against the petitioner no. 1 is to
4/4 the effect that he gave order of assault and so far the petitioner nos. 2 and 4 are concerned, they caught hold of the waist of the informant. There is no allegation at all against the petitioner no.
3. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender within a period of six weeks, be released 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 the learned Judicial Magistrate 1st Class, Biraul, Darbhanga in connection with Nadi P.S. Case No. 08 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Ritesh Kumar, J) Ajay/Mridula/- U T