Patna High Court
CR. MISC./58940/2026 of Jaldhari Yadav Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58940 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- Nehra District- Darbhanga ====================================================== Jaldhari Yadav S/o Late Ram Bahadur Yadav R/o - Nehra, P.S - Manigachhi (Nehra O.P.), District -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58940 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- Nehra District- Darbhanga ======================================================
Jaldhari Yadav S/o Late Ram Bahadur Yadav R/o - Nehra, P.S - Manigachhi (Nehra O.P.), District - Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
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ORAL ORDER
19-08-2026 Heard the learned counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Nehra P.S. Case No. 04 of 2026, for allegedly having committed offence under Sections 126(2), 115(2), 74, 75, 109, 303(2), 352, 351(2) and 3(5) of the BNS.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that some persons were cutting bamboo from her bamboo orchard. On receiving information, the informant along with her daughter reached at the place of the occurrence. The petitioner along with other co-accused persons were found cutting bamboo and some bamboos were also found kept at the place of the occurrence. When the informant told them for not cutting the bamboo, the petitioner with a sharp cutting weapon, assaulted on the neck of the daughter of the informant, however she saved herself. Thereafter, co-accused Binit Yadav tried to kill the daughter of the informant by pressing her neck with a gamcha, due to which she became unconscious. Both the accused persons, including the petitioner, assaulted the daughter of the informant and when the informant tried to save her, she was also assaulted by all the accused persons, due to which she sustained injuries. It has further been alleged that the co-accused persons also snatched gold chain from the neck of the informant.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He further submits that the informant and the petitioner are residents of same village and due to village politics, the name of the petitioner has been taken in the present case. He further submits that for the same occurrence, Nehra P.S. Case No. 03 of 2026 has been lodged against the informant and her family members by the petitioner’s side and the present case is a counterblast of the same. He further submits that the date of occurrence is 01.01.2026, however the first information report was lodged on 07.01.2026 and no explanation whatsoever has been given by the informant for the delay in lodging the first information report. He further submits that the injuries sustained by the informant and her daughter have been found to be simple in nature by the treating doctor. He further submits that the petitioner has got a clean antecedent.
5. Per contra, the learned APP for the State, while opposing the prayer for anticipatory bail of the petitioner, would submit that the specific allegation of assault has been levelled against the petitioner. Hence, he does not deserve the privilege of anticipatory bail.
6. Having heard the rival submissions and after going through the records, it appears that for the same occurrence there is case and counter case. Nehra P.S. Case No. 03 of 2026 has been lodged against the informant and her family members by the petitioner’s side and in retaliation of the same, the present case has been lodged by the informant. From perusal of the impugned order dated 26.03.2026 passed by the learned District and Additional Sessions Judge-VII, Darbhanga, it would transpire that the injuries sustained by the daughter of the informant as well as the informant have been found to be simple in nature by the treating doctor. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- VI, Darbhanga in connection with Nehra P.S. Case No. 04 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition:
(i) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
AjayMishra/- (Ritesh Kumar, J) U T