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Patna High Court

Gauri shankar yadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.33566 of 2026(2) dt.19-05-2026
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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
           Patna High Court CR. MISC. No.33566 of 2026(2) dt.19-05-2026
                                                       4/4




                                     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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