Patna High Court
Sudhir yadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the order rejecting anticipatory bail and granted anticipatory bail to the appellants subject to conditions under Section 482(2) of the BNSS.
Summary
The appellants, Sudhir Yadav, Jaikar Yadav and Mukesh Yadav, appealed against the order of the Additional Sessions Judge rejecting their anticipatory bail petition in a case under the Bihar Narcotic Substances Act, 2023 and the SC/ST (Prevention of Atrocities) Act. They argued that the ordinary notice was duly served on the second respondent, who failed to appear, and that two of them had clean antecedents while the first had a prior case. The appellants also relied on a prior decision (Criminal Appeal (SJ) No. 1839 of 2025) where anticipatory bail was granted in similar circumstances. The Special Public Prosecutor opposed the appeal. The High Court, after considering the submissions and the earlier precedent, set aside the lower court’s order and directed that the appellants be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, the appeal was allowed and anticipatory bail was granted.
Issues considered
- Whether the order rejecting anticipatory bail under the BNS Act and SC/ST Act should be set aside.
- Whether the service of notice and the non‑appearance of the respondent justify granting anticipatory bail.
- Whether the precedent of Criminal Appeal (SJ) No. 1839 of 2025 is applicable to the present case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 74, 75(1), 76
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v), 3(i)(r)(s)(w)
Subjects
- anticipatory bail
- SC/ST Act
- criminal procedure
- Section 482
- notice service
- precedent
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2604 of 2025
Arising Out of PS. Case No.-44 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
1. Sudhir yadav son of Sube Yadav @ Subelal yadav R/o - Sherpur, P.S -
Asthawan, District - Nalanda
2. Jaikar yadav son of Bindu Yadav R/o - Sherpur, P.S - Asthawan, District -
Nalanda
3. Mukesh yadav son of Sube yadav R/o - Sherpur, P.S - Asthawan, District -
Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Gajadhar Paswan Son of Late Ramshis Paswan R/o - Sherpur, P.S -
Asthawan, District - Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pankaj Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 29-06-2026 1. Heard learned counsel for the appellants and the
learned Special PP for the State, Ms. Usha Kumari 1.
2. The appellants have challenged the order dated
05.06.2025 passed by the learned Additional Sessions
JudgeVIth-cum-Special Judge, SC/ST Act in Anticipatory Bail
Petition No. 852 of 2025 arising out of Asthawan P.S. Case No.
44 of 2025 instituted for the offences under Sections 190,
191(2), 126(2), 115(2), 74, 75(1), 76, 109 of the BNS, 2023 and
Sections 3(i)(r)(s)(w), 3(2)(v) of the SC/ST (Prevention of
Atrocities) Act, whereby their prayer for grant of anticipatory
Patna High Court CR. APP (SJ) No.2604 of 2025(5) dt.29-06-2026
2/3
bail has been rejected.
3. Learned counsel appearing on behalf of the
appellants submits that from perusal of the office report dated
22.06.2026, it would manifest that the ordinary notice has been
validly served upon the respondent no. 2, but then the
respondent no. 2 despite receiving notice chooses not to appear
and contest.
4. It is next submitted that appellant no. 1 has
antecedent of one case and appellant nos. 2 and 3 are persons
with clean antecedent. It is next submitted that Aman Yadav @
Aman Kumar along with two others had approached this Court
seeking anticipatory bail by filing Criminal Appeal (SJ) No.
1839 of 2025 and the same came to be allowed by an order
dated 19.01.2026 after considering the case in detail and on
merits, it is thus submitted that case of the appellants is not akin,
is similar to the case of Aman Yadav @ Aman Kumar and others
and allegation of assault and abuse is not specific.
5. Learned Special P.P. for the State opposes the
appeal.
6. In view of the submissions made by the learned
counsel for the appellants and taking into consideration the
order dated 19.01.2026 in Criminal Appeal (SJ) No. 1839 of
Patna High Court CR. APP (SJ) No.2604 of 2025(5) dt.29-06-2026
3/3
2025, the order dated 05.06.2025 passed by the learned
Additional Sessions JudgeVIth-cum-Special Judge, SC/ST Act
in Anticipatory Bail Petition No. 852 of 2025, is hereby set
aside and the appellants above-named, in the event of their
arrest or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor court in connection with
Ashthawan P.S. Case No. 44 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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