Birendra Yadav @ Virendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57807 of 2025 Arising Out of PS. Case No.-154 Year-2025 Thana- KOPA District- Saran ====================================================== 1.
Birendra Yadav @ Virendra Yadav S/O Late Wakil Yadav R/O VillBhatwaliya, P.S- Kopa, Dist- Saran- 841214 2.
Ashok Yadav @ Ashok Kumar Yadav S/O Late Wakil Yadav R/O VillBhatwaliya, P.S- Kopa, Dist- Saran- 841214 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, A.P.P ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners apprehend their arrest in a case registered under Sections 126(2), 115(2), 118(1), 329(3), 352, 74, 76 r/w Section 3(5) of B.N.S. 2023.
3. As per the prosecution case, accused persons by entering into the house of the informant indulged in abuses and assault causing injuries.
4. Learned counsel for the petitioners submits that so far as the petitioners are concerned there is an allegation on petitioner no.1 of having assaulted with knife on left hand and neck of the informant while the petitioner no. 2 assaulted with
Patna High Court CR. MISC. No.57807 of 2025(4) dt.21-01-2026 2/3 fists and legs. However, the injury report which is available in the case diary would indicate that the injuries sustained by the informant are simple in nature caused by hard and blunt substance. In the background, there is a land dispute and litigation between the parties and during the course of investigation, Sections 74 and 76 of the B.N.S has not been found to be true by the investigating agency. Learned counsel has also submitted that the present case is not one under Section 109 B.N.S. but of having caused grievous hurt under Section 118 (1) of the B.N.S which is also not made out in view of the simple injury.
5. The application for anticipatory bail is opposed by learned A. P.P. for the State
6. Taking into consideration the facts and circumstances and also considering the dispute between the parties and the nature of the injury, let the petitioners, having no criminal antecedents, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kopa P.S. Case No. 154 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the
Patna High Court CR. MISC. No.57807 of 2025(4) dt.21-01-2026 3/3 case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the conditions that the petitioner would cooperate in the investigation.
(Soni Shrivastava, J) vashudha/- U T