Patna High Court
Gauri shankar yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to the conditions specified.
Summary
The petitioners, Gauri Shankar Yadav and Roma Shankar Yadav, applied for anticipatory bail fearing arrest in connection with a 2017 police case that alleged offences under Sections 341, 323, 324, 307, 354, 379, 504 and 34 of the Indian Penal Code. The prosecution claimed the accused, armed with lathi and tengari, assaulted several persons and stole a mangalsutra. The petitioners argued that the investigation found the allegations to be untrue, they have a clean antecedent and were falsely implicated. The State opposed the bail. The Patna High Court, after hearing the parties, allowed the anticipatory bail under Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the B.N.S.S., subject to conditions such as surety, presence in court and verification of antecedents. The order further stated that any observations made would not affect the trial.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC in view of the alleged offences.
- Whether the conditions imposed by the court are appropriate and sufficient to safeguard the trial process.
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- false implication
- bail conditions
- CrPC
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33566 of 2026
Arising Out of PS. Case No.-108 Year-2017 Thana- PHULPARAS District- Madhubani
======================================================
1. Gauri shankar yadav, Son of Lal Bahadur Yadav Resident of Village-
Mahthaur Khurd, P.S.- Phulparas, District- Madhubani.
2. Roma Shankar Yadav, Son of Lal Bahadur Yadav Resident of Village-
Mahthaur Khurd, P.S.- Phulparas, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 19-05-2026 Heard the learned counsel for the parties through
virtual mode.
2. Petitioners apprehend their arrest in connection
with Phulparas P.S Case No. 108 of 2017 registered for the
offences under Sections 341, 323, 324, 307, 354, 379, 504 and
34 of the Indian Penal Code.
3. As per the prosecution case, the informant has
alleged that all the named accused persons, armed with lathi and
tengari, came to the doors of the informant and started abusing
and assaulting. It is alleged that the accused Lal Bahadur Yadav
hit the informant with lathi on the head, while Roma Shankar
Yadav (petitioner No.2) hit Chandar Devi on her head and Gauri
Patna High Court CR. MISC. No.33566 of 2026(2) dt.19-05-2026
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Shankar Yadav (petitioner no.1) hit Lalita Devi and Rambha
Devi with lathi and Roma Shankar Yadav took away the
mangalsutra from the neck of Chandar Devi.
4. Learned counsel for the petitioners submits that the
petitioners have approached this court only after cognizance was
taken against them, differing with the final form which was
submitted in favour of the petitioners. It has further been
submitted that the cognizance was taken on 22.07.2025 and
thereafter, summons were issued and therefore, the petitioners
have apprehension of arrest in the present case, in which they
have been falsely implicated. It has next been submitted that,
admittedly, the injuries sustained by the said persons were found
to be simple in nature, caused by a hard and blunt substance. It
has also been submitted that after investigation the I.O. found
the allegations against the petitioners to be not true and
therefore, the final form was submitted as far as the petitioners
were concerned. It has lastly been submitted that the petitioners
have clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
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petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Phulparas P.S Case No. 108 of 2017, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose
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of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/ayushkr-
U T
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