Budhan Yadav @ Budhan Prasad Yadav v. The State of Bihar
CR. MISC./30081/2025 · 2025-05-16
Anil Kumar Sinha
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 41580 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41580 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30081 of 2025 Arising Out of PS. Case No.-177 Year-2024 Thana- KATORIYA District- Banka ======================================================
1. Budhan Yadav @ Budhan Prasad Yadav Son of Nemani Mahto @ Nemani Yadav Village- Sijua -Ps -katoria Dist- Banka
2. Kapil Yadav @ Kapildeo Yadav son of Nemani Mahto @ Nemani yadav Village- Sijua -Ps -katoria Dist- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Nurul Hoda, Advocate For the Opposite Party/s : Mr.Abhay Kumar Roy, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 16-05-2025
1. Heard learned Counsel for the petitioners and learned APP for the State.
2. This application, for grant of anticipatory bail, arises out of Katoria PS case no. 177 of 2024 dated 12.08.2024, disclosing offences punishable under Section 126(2) and other allied sections of the B.N.S.S. 2023.
3. The prosecution story, as per the First Information Report, is that on 11.08.2024, while the informant was irrigating his field and washing a bull, suddenly the petitioners arrived and abused the informant. When the informant protested, the petitioners assaulted the informant by axe. It is alleged that the petitioners assaulted with axe on the head of the informant and
Patna High Court CR. MISC. No.30081 of 2025(2) dt.16-05-2025 2/3 when informant’s wife intervened, she was also assaulted by the petitioners.
4.
Learned Counsel for the petitioners submits that petitioners are full brothers of the informant and they have been implicated in this case due to dispute regarding partition of land between them. Learned counsel further submits that no serious injury has been caused to the informant and others and all the sections are bailable except sections 118(1), 74, 303(2) of B.N.S.S. corresponding to sections 324, 354, 379 of the Indian Penal Code, respectively, which are non-bailable.
5. Regard being had to the submissions made on behalf of the parties and taking into consideration that both parties are closely related and there appears to be land dispute between them, I am inclined to grant the privilege of anticipatory bail to the petitioners.
6. This application is, accordingly, allowed.
7. Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within 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 learned Chief Judicial Magistrate, Banka in connection with Katoria PS case no. 177 of 2024, subject to the
Patna High Court CR. MISC. No.30081 of 2025(2) dt.16-05-2025 3/3 condition laid down under Section 482(2) of the Code of Criminal Procedure.
rinkee/- (Anil Kumar Sinha, J) U T