Patna High Court
Kishore YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court grants anticipatory bail to the petitioners subject to conditions, with the order becoming infructuous if any petitioner is found to have a criminal antecedent.
Summary
The petitioners, members of the Yadav family, sought anticipatory bail in connection with FIR No. 292 of 2025 alleging offences under several sections of the BNS, the main accusation being against Amrendra Yadav, a local don. The informant, SI Kumari Anushka, claimed the petitioners were involved in a scuffle and assault on police personnel. The petitioners argued they have no criminal antecedent and that the FIR primarily targets Amrendra Yadav. The State opposed bail, alleging criminal antecedents for the petitioners. The Court examined the material, noted the lack of direct allegations against the petitioners, and granted anticipatory bail with stringent conditions, reserving the right to cancel if any antecedent is discovered.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. despite the FIR and alleged criminal antecedents.
- Whether the petitioners have any criminal antecedent that would preclude grant of bail.
Legislation cited
- BNS — s. 109, 115(2), 126(2), 132, 3(5), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- criminal antecedent
- FIR
- family members
- bail conditions
- police assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1200 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- JANKINAGAR District- Purnia
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1. Kishore Yadav S/o Late Kari Yadav Resident of village- Beltari, Ward No.3
Rupash wari R.P. Police Station-Janki Nagar, District- Purnea
2. Vikash Yadav @ Vikash Kumar S/o Kishore Yadav Resident of village-
Beltari, Ward No.3 Rupash wari R.P. Police Station-Janki Nagar, District-
Purnea
3. Meera Devi Wife of Kishore Yadav Resident of village- Beltari, Ward No.3
Rupash wari R.P. Police Station-Janki Nagar, District- Purnea
4. Puja Kumari @ Rupa Kumari Wife of Vikas Yadav Resident of village-
Beltari, Ward No.3 Rupash wari R.P. Police Station-Janki Nagar, District-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikram Singh, Adv.
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Mr. Vikram Singh, learned Counsel for the
petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Janki Nagar P.S. Case No. 292 of 2025 for the offence
registered under sections 126(2), 115(2), 132, 74, 109, 352,
351(2), 3(5) of BNS.
3. As per the prosecution story, the informant, S.I.-
Kumari Anushkar Rani alleged that during the evening
patrolling, she found a motorcycle standing in the middle of the
road. Upon enquiry, Amrendra Yadav came forward and stated
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that he is the local don of the locality. Upon demand of papers,
he started abusing. When she tried to take the motorcycle to the
Police Station, Amrendra Yadav dashed her, as a result of which,
she fell down. Allegation against the petitioner no. 2, Vikash
Yadav is of having scuffle with Deepak Kumar, the Police
constable while Amrendra Yadav gave lathi blow on the head
of the informant, though she managed to save herself. He
thereafter, threatened her of dire consequences before escape,
finally the FIR.
4. Learned Counsel for the petitioners submit that a
perusal of the FIR would show that the main allegation is
against Amrendra Yadav, these petitioners are family members
and have been implicated, none have criminal antecedent.
Further, the submission is that without accepting the allegation
and/or the outcome of the present petition, the petitioners on its
own would like to contribute Rs. 1250/- each (totaling Rs.
5,000/-)to S.I., Kumari Anushka through Demand Draft issued
by the local branch of the State Bank of India/any Nationalized
Bank to be submitted before the ‘NAZARAT’ of concerned
Court to be handed over to the informant after checking the
credentials.
5. Learned APP for the State, on the other hand,
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opposes the prayer for anticipatory bail submitting that learned
Sessions Judge order shows that besides Amrendra Yadav, these
petitioners also have criminal antecedent but paragraph 3 is
silent about it.
6. Mr. Vikram Singh representing the petitioner
submits that those criminal histories are related to Amrendra
Yadav and it is categorically submitted that none of them have
criminal antecedent and if the observation of the learned
Sessions Judge with regard to the four petitioners is/are found to
be correct, the bail order be ordered to be infructuous.
6. Considering the submissions of the parties as also
the materials on record, main allegation is against Amrendra
Yadav, who also has criminal antecedent and prohibited/blocked
the lady Police Officer from doing her official duty. However,
so far as these petitioners are concerned, they are family
members including the two female petitioners. Paragraph 3
shows that they have no criminal antecedent, in that
background, this Court is inclined to grant them the anticipatory
bail with conditions.
7. However, if it is found that any of the petitioner is
having criminal antecedent, order against him/her shall become
infructuous.
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7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Purnea in connection with Janki Nagar P.S. Case
No. 292 of 2025 subject to condition as laid down under
Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every month for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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