Created by Fuzzy Cloud

Patna High Court

Sudhir yadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.