Jitendra Yadav @ Jitendra Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Jitendra Yadav @ Jitendra Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail refused; however, a conditional assurance was given that upon surrender within six weeks from today, the prayer for regular bail shall be considered on its own merit without being prejudiced by this Court's order.

Issue for consideration

Whether the petitioner, who apprehends arrest in Basopatti P.S. Case No.18 of 2025 (offences under Sections 308(2)/308(3)/126(2)/115(2)/352/351(2)/329(3)/3(5) of the Bhartiya Nyay Sanhita, 2023), should be granted anticipatory bail under Section 482 of the BNSS, 2023.

Court's answer

Anticipatory bail refused: taking into view the matter (including the submissions on the FIR/allegations and antecedents), this Court was not inclined to grant anticipatory bail to the petitioner, and the prayer for anticipatory bail is hereby refused.

Ratio / Principle

Conditional direction accompanying the refusal: if the petitioner surrenders within six weeks from today, his prayer for regular bail shall be considered on its own merit, without being prejudiced by this Court's refusal of anticipatory bail.

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), Cr. Misc. No.55907 of 2025, decided 27-08-2025 (oral order): Application under S.482 BNSS 2023 for anticipatory bail by Jitendra Yadav @ Jitendra Kumar Yadav, apprehending arrest in Basopatti P.S. Case No.18 of 2025 (lodged 21.01.2025 under Ss.308(2)/308(3)/126(2)/115(2)/352/351(2)/329(3)/3(5) BNS 2023), pending before Sri P. R. Chaurasiya, J.M. 1st Class, Madhubani. FIR alleges land dispute: accused persons bought land from the same owner and tried to grab the petitioner-informant's land, assaulting him on opposition. Counsel pleaded innocence, offered to measure the land through the competent authority, disclosed two prior cases (acquitted in one, on bail in another) and readiness to accept conditions; the APP opposed, alleging habitual land-grabbing and a Rs.10 lakh demand at the Panchayati. Holding: anticipatory bail refused; however, upon surrender within six weeks, the regular-bail prayer to be considered on its own merit without prejudice by this order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55907 of 2025

Arising Out of PS. Case No.-18 Year-2025 Thana- BASOPATTI District- Madhubani

======================================================

Jitendra Yadav @ Jitendra Kumar Yadav S/O Baleshwar Yadav Resident of Village- Chhatauni, P.S.- Basopatti, Dist.- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 27-08-2025

Heard Learned Counsel for the petitioner and Learned

APP for the State.

The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Basopatti P.S. Case No.18 of 2025, lodged on 21.01.2025, under Sections 308(2) /308(3) /126(2) /115(2) / 352/351(2)/329(3)/3(5) of the Bhartiya Nyay Sanhita, 2023, pending in the Court of Sri P. R. Chaurasiya, J.M. 1^st Class, Madhubani.

As per the prosecution, FIR has been lodged by the informant alleging that the accused persons have purchased the land from the same land owner and subsequently tried to grab

Patna High Court CR. MISC. No.55907 of 2025(2) dt.27-08-2025 2/3

the land of the petitioner and upon oppose he has assaulted the informant.

Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that admittedly there is land dispute and if there is any measurement in the land dispute then he has remedy to measure the land from the competent authority. Counsel submits that antecedent of the petitioner is not clean. There are two criminal cases in which petitioner’s name was there. In one case he has been acquitted and in another case he is on bail, except that there is no criminal antecedent of the petitioner. Counsel submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

Learned APP for the State opposes the prayer for bail of the petitioner and submits that as per the FIR the modus operandi of the petitioner is not correct. Panchayati sat for this issue but in the panchayati he demanded rupees ten lakhs. He submits that from the FIR it transpires that petitioner is the habitual land grabber and used to do the same act with the different persons.

In this view of the matter, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for

Patna High Court CR. MISC. No.55907 of 2025(2) dt.27-08-2025 3/3

anticipatory bail of petitioner is hereby refused. However, in the event of surrender of the petitioner within six weeks from today, the prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court.

(Dr. Anshuman, J)

Mkr./-

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