Patna High Court
Pradip Kumar Yadav @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner was specifically accused, the offences are grave, and he has a prior criminal antecedent.
Summary
The petitioner, Pradip Kumar Yadav, sought anticipatory bail after being named in an FIR for allegedly facilitating the entry of foreign nationals without valid passports or visas, offenses punishable under Sections 338, 336(3), 340(2), 61(2) of the B.N.S. and Sections 3(2)(c) and 14(a)(b) of the Foreigner Act. He claimed innocence and argued that the accusation was merely on suspicion, while the State highlighted the specific nature of the charge and the petitioner’s prior criminal antecedent. The court examined the gravity of the alleged offences, the direct accusation against the petitioner, and his criminal history. Considering these factors, the court concluded that the criteria for granting anticipatory bail were not met. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to a person specifically accused of facilitating illegal entry of foreign nationals under the Foreigner Act and related penal provisions.
- Whether the petitioner’s prior criminal antecedent and the gravity of the offences preclude the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 336(3), 338, 340(2), 61(2)
Subjects
- anticipatory bail
- Foreigner Act
- criminal antecedent
- grave offence
- specific accusation
- section 338
- section 336(3)
- section 340(2)
- section 61(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12234 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Pradip Kumar Yadav @ Pradeep Kumar S/o- Shubh Narayan Yadav R/v-
Agarwa Ps- Jitna Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Kumar, Advocate
For the State : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 338,
336(3), 340(2) and 61(2) of the B.N.S. and Sections 3(2)(c) and
14(a)(b) of the Foreigner Act.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including this petitioner,
facilitated entry of foreign nationals without having valid
passport and visa.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
Patna High Court CR. MISC. No.12234 of 2026(2) dt.24-02-2026
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this case merely on suspicion.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that he, along with other F.I.R.
named accused persons, facilitated entry of foreign nationals
without valid passport and visa. Petitioner has got one criminal
antecedent.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and criminal antecedent of the petitioner, the prayer for grant of
anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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