Shree Bhagwan Yadav @ Bhagwan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45237 of 2026 Arising Out of PS. Case No.-97 Year-2026 Thana- Arwal District- Arwal ====================================================== 1.
Shree Bhagwan Yadav @ Bhagwan Singh S/o Late Hari Charan Yadav Resident of Village - Hasanpura, P.S.- Arwal, District- Arwal 2.
Kiran Devi W/o Nagendra Yadav Resident of Village - Hasanpura, P.S.- Arwal, District- Arwal 3.
Urmila Devi @ Urmila Kumari W/o Ravindra Yadav Resident of Village - Hasanpura, P.S.- Arwal, District- Arwal 4.
Awdhesh Yadav @ Awadhesh Kumar S/o Parwesh Yadav Resident of Village- Hasanpura, P.S.- Arwal, District- Arwal ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ashok Kumar Sinha, Adv.
For the Opposite Party :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Arwal P.S. Case No.97 of 2026 registered under Sections 126(2), 115(2), 117(2), 109, 329(4), 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (in short 'BNS').
3. As per FIR, co-accused persons including petitioners alleged to assault informant and her family members during occurrence by using brick plate and iron rod
Patna High Court CR. MISC. No.45237 of 2026(2) dt.22-07-2026 2/3 causing head and bodily injury which alleged to made, with the intention to cause death of the injured during the occurrence, where occurrence is alleged to be arising out of land disputes.
4. It is submitted by learned counsel for the petitioners that occurrence was free fight in nature, where both parties received injuries and, therefore, it can be safely said that the petitioners were not under intention to cause death of the injured husband of the informant. It is submitted that for the same set of occurrence, petitioners' side also lodged a case against informant and others which was registered as Arwal P.S. Case No. 98 of 2026. It is submitted that the injury which found upon the husband of the informant was single in number and also found simple in nature, which creates doubts qua allegation that the husband of informant was assaulted collectively by four persons. While concluding the argument, it submitted that now the good sense prevails between the parties and they settled their dispute and differences and accordingly they filed compromise petition before the learned trial court in terms of
Patna High Court CR. MISC. No.45237 of 2026(2) dt.22-07-2026 3/3 Annexure- P/4. Petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact as the nature of injury which found single in number and also simple as per the injury report, coupled with the fact that occurrence was free fight in nature accordingly, all four above-named petitioners are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No.97 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Aniket/- U T