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2025 Supreme(Online)(Pat) 2547

PATNA HIGH COURT
ANIL KUMAR SINHA, J
Lalu Yadav @ Lalu Kumar, Mukesh Yadav @ Gorelal Yadav, Mukesh Yadav @ Muski, Chunchun Yadav – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.74453 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Pramod Kumar Verma
For the Respondents: Mr. Renuka Ratnakar (APP-125)

The judgment establishes criteria for anticipatory bail considering prior animosities and the nature of injuries involved.

Headnote:This judgment deals with an application for anticipatory bail concerning offences under various sections of the Bharatiya Nyaya Sanhita. The facts reveal that the petitioners are implicated due to previous enmity related to a land dispute. The court finds the injury to the informant as simple and allows bail based on the nature of the case. Issues framed involve ensuring due process in light of prior animosities and simple injury. The ruling grants bail conditional upon specified terms.

Table of Content
1. conditions set for anticipatory bail approval. (Para 7)

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 03-12-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail, arises out of Kashichak Police Station Case No. 79 of 2025, disclosing offences under Sections 126 (2), 115(2), 76, 333, 109, 351(2), 352 and 3(5) of Bharatiya Nyaya Sanhita .

3. The prosecution case, as per the First Information Report is that on 13.05.2025, petitioners along with other accused persons entered into the house of the informant and misbehaved with her and also assaulted and tore her blouse.

4. Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to previous enmity. Prior to the present occurrence, on 15.04.2025, the husband of the informant along with other accused persons, fired upon petitioner no. 4 due to which he sustained injury near his chest for which Kashichak P.S. Case No. 57 of 2025 was lodged by the father of the petitioners. Both the parties are agnates and there is land dispute between them also. The present FIR has been lodged as a counterblast to the FIR lodged by the petitioners’ father bearing Kashichak P.S. Case No. 57 of 2025. The injury sustained by the informant is simple in nature.

5. Considering the aforesaid submissions made by the parties and taking into consideration the fact that both the parties are agnates, having land dispute, having previous enmity and injury sustained by the informant is simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four 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 Additional Chief Judicial Magistrate-VI, Nawada, in connection with Kashichak Police Station Case No. 79 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.

(Anil Kumar Sinha, J)

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