Guleshwar Yadav @ Guli Yadav v. The State of Bihar

Patna HC28 Jan 2026CR. MISC./1621/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; Criminal Miscellaneous No.1621 of 2026; Justice Prabhat Kumar Singh; BNS Sections 126(2), 115(2), 117(2), 110, 352, 351(2), 3(5); BNSS Section 482(2); Sheikhpura; Chewara P.S. Case No. 40 of 2025; general and omnibus allegations; no specific overt act; delay in lodging FIR; partition dispute; family relationship with informant; clean antecedents; bail-bond Rs. 10,000 with two sureties; CJM Sheikhpura; eight weeks to surrender.

What did the court decide?

Anticipatory bail allowed to all three petitioners; in the event of arrest or surrender within eight weeks, enlargement on bail on a bail-bond of Rs. 10,000/- each with two sureties of the like amount each before the Chief Judicial Magistrate, Sheikhpura, subject to conditions under Section 482(2) of the B.N.S.S. ¶¶22

Guleshwar Yadav @ Guli Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioners, who apprehend arrest in Chewara P.S. Case No. 40 of 2025 registered for offences punishable under Sections 126(2), 115(2), 117(2), 110, 352, 351(2) and 3(5) of the B.N.S.

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Court's answer

The prayer for grant of anticipatory bail to the petitioners is allowed, the court being guided by the facts and circumstances of the case, the relationship between the parties, the general and omnibus nature of the accusation, the delay in lodging of the F.I.R. and the clean antecedents of the petitioners.

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Ratio / Principle

In the event of arrest or surrender within a period of eight weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura, in connection with Chewara P.S. Case No. 40 of 2025, subject to the condition laid down under Section 482(2) of the B.N.S.S.

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Detailed headnote1 paragraphs

Anticipatory bail granted to Guleshwar Yadav @ Guli Yadav, Biro Yadav and Minta Devi (Petitioner No. 1 the father, No. 2 the brother and No. 3 the mother of the informant) who apprehended arrest in Chewara P.S. Case No. 40 of 2025 (District Sheikhpura), registered for offences under Sections 126(2), 115(2), 117(2), 110, 352, 351(2) and 3(5) of the B.N.S. arising from an alleged assault on the informant, his wife and daughter over a trivial issue of tying of buffaloes. The Patna High Court allowed the prayer on account of the relationship between the parties, the general and omnibus nature of the accusation with no specific overt act attributed, the inordinate delay of 10 days in lodging the F.I.R. (occurrence 28.05.2025; F.I.R. 07.06.2025), and the petitioners' claimed clean antecedents. Bail is conditional: arrest or surrender within eight weeks; bail-bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura; conditions under Section 482(2) of the B.N.S.S. apply.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1621 of 2026

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Arising Out of PS. Case No.-40 Year-2025 Thana- CHEWARA District- Sheikhpura

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

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Guleshwar Yadav @ Guli Yadav S/o Late Rohan Yadav R/o Village - Ekrama, P.S - Chewara, District - Sheikhpura

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Biro Yadav S/o Guleshwar Yadav @ Guli Yadav R/o Village - Ekrama, P.S - Chewara, District - Sheikhpura

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Minta Devi W/o Guleshwar Yadav @ Guli Yadav R/o Village - Ekrama, P.S - Chewara, District - Sheikhpura

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Bipin Kumar, Advocate For the State : Mr. Pramod Kumar Pandey, APP ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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2 28-01-2026

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Heard learned counsel appearing on behalf of the

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petitioners and learned APP appearing on behalf of the State.

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The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 110, 352, 351(2) and 3(5) of the B.N.S..

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As per prosecution case, on a trivial issue of tying of buffaloes, all the F.I.R. named accused persons, including these petitioners, assaulted informant, his wife and daughter resulting in injuries to them.

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It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and

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Patna High Court CR. MISC. No.1621 of 2026(2) dt.28-01-2026 2/3

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have committed no offence. Petitioners have falsely been implicated in this case due to partition dispute between the parties. Petitioner No. 1 is father of the informant, Petitioner No. 2 is brother of the informant and Petitioner No. 3 is mother of the informant. It is further submitted that the alleged occurrence took place on 28.05.2025 whereas the present F.I.R. has been lodged after inordinate delay of 10 days on 07.06.2025 and there is no plausible explanation for the same which itself makes the entire prosecution case doubtful. Moreover, allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Petitioners claim clean antecedents.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

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Considering the facts and circumstances of the case, relationship between the parties, general and omnibus nature of accusation, delay in lodging of the F.I.R. and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

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Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named

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Patna High Court CR. MISC. No.1621 of 2026(2) dt.28-01-2026 3/3

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petitioners be enlarged 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, Sheikhpura in connection with Chewara P.S. Case No. 40 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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(Prabhat Kumar Singh, J)

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shashank/-

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U T

Guleshwar Yadav @ Guli Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Guleshwar Yadav @ Guli Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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