The court emphasized judicial discretion in granting anticipatory bail in cases involving land disputes and allegations of assault.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 28-01-2026 1. Heard learned counsel for the parties.

2. The petitioners in this application pray for grant of anticipatory bail apprehending their arrest in connection with Kauwakol P.S. Case no.315 of 2025 registered for the offence punishable under sections 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyay Sanhita , 2023.

3. As per the prosecution case, the informant states that while she was cultivating her agricultural land, the twelve named accused persons including the petitioners herein came variously armed. Krishna Yadav started to hurl abuses. Rajesh Yadav is said to have pulled the informant misbehaving with her and Dinesh Yadav is said to have assaulted with an iron rod causing injury on her hand.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. There is case and counter case between the parties, the correct version having been given in the FIR of the counter case which is Annexure-2 to the petition. The petitioners and informant are co-villagers and next door neighbours. There is land dispute between them which has led to the registration of the instant case. It is finally submitted that accepting the allegations in the FIR for the sake of argument, the allegation against the petitioner no.2 is of having assaulted on a non-vital part of the body.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR, the submissions made by learned counsel for the petitioners and there being case and encounter case between the parties, in the facts of the case, both the petitioners above named in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on anticipatory bail in connection with Kauwakol P.S. Case no.315 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 Judicial Magistrate 1^st Class, Nawada.

(Partha Sarthy, J)

Bibhash U T