Patna High Court
Bale YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is denied to petitioners 1, 2 and 3, but granted to petitioner 4 with conditions.
Summary
The petitioners, four members of the Yadav family, sought anticipatory bail fearing arrest in connection with FIR No. 285 of 2024 filed under several sections of the Bihar Police Act for alleged assault and related offences. The informant alleged that petitioners 2 and 3, Sunil and Akhilesh Yadav, assaulted him and his family while intoxicated, and petitioner 1, Bale Yadav, was described as the orchestrator of the incident. The State contended that all four accused were involved, with particular emphasis on the grievous nature of the injuries. The Court held that the anticipatory bail application could not be granted to petitioners 1, 2 and 3 due to the seriousness of the allegations, but granted bail to petitioner 4, Shaligram Yadav, who had no specific role and no criminal antecedent, subject to stringent conditions. The order directed that Shaligram Yadav be released on bail within four weeks upon furnishing a bond and complying with attendance and conduct requirements.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted to each of the petitioners in view of the allegations of assault and grievous injury.
- Whether petitioner No.4, Shaligram Yadav, can be granted anticipatory bail despite being named in the FIR but lacking a specific role.
Legislation cited
- Bihar Police Act — s. 110, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- assault
- grievous injury
- bail conditions
- FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13652 of 2026
Arising Out of PS. Case No.-285 Year-2024 Thana- BARAHAT District- Banka
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1. Bale Yadav Son of Kesho Yadav All Village - Godhavar(Gurudwar), P.S. -
Barahat, District - Banka.
2. Sunil Yadav Son of Bale Yadav All Village - Godhavar(Gurudwar), P.S. -
Barahat, District - Banka.
3. Akhilesh Yadav Son of Rupan Yadav All Village - Godhavar(Gurudwar),
P.S. - Barahat, District - Banka.
4. Shaligram Yadav Son of Bhorkran Yadav All Village - Godhavar(Gurudwar),
P.S. - Barahat, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhakar Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 01-07-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Barahat P.S. Case No. 285 of 2024 for the
offence under sections 126(2), 115(2), 110, 117(2), 303(2), 352,
351(2) and 3(5) of the BNS lodged on 03.11.2024 by the
informant, Sachendra Rai.
3. As per the prosecution story, the informant alleged
that while he was at his house, the accused persons came in
intoxicated state and after abuse and alleging that he is
prohibited from taking intoxicant, on the order of petitioner no.
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1, who also subsequently assaulted, the petitioner nos. 2 and 3
namely Sunil Yadav and Akhilesh Yadav resorted to assault
causing grievous injury. Later, the accused persons also assaulted
his family members. This led to the FIR.
4. Learned counsel for the petitioners submit that
allegation is mainly against petitioner nos. 2 and 3 namely Sunil
Yadav and Akhilesh Yadav, petitioner no. 1, Bale Yadav, is only
an order giver as far as petitioner no. 4, Shaligram Yadav is
concerned, no specific role has been assigned save and except
putting him in a list of accused.
5. Learned APP opposes the prayer submitting that the
petitioner no. 1, Bale Yadav is a creator of the entire story and
allegation of assault is also on him. Petitioner nos. 2 and 3
namely Sunil Yadav and Akhilesh Yadav also assaulted and the
injury report which has come alongwith the case diary shows
that it has been found to be grievous in nature.
6. Taking into account the submissions of the parties,
so far as allegation against on petitioner no. 1, 2 and 3 namely
Bale Yadav, Sunil Yadav and Akhilesh Yadav respectively are
concerned, the anticipatory bail application stands rejected.
7. So far as petitioner no. 4, Shaligram Yadav is
concerned, considering that no specific role has been assigned to
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him nor he has criminal antecedent, in that background, this
Court is inclined to extend him the privilege of anticipatory bail
with conditions.
7. Let the petitioner no. 4, Shaligram Yadav be
released on bail in the event of arrest or surrender within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned Chief Judicial
Magistrate, Banka in connection with Barahat P.S. Case No. 285
of 2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner no. 4, Shaligram Yadav who
shall provide official document (Aadhaar Card/Voter ID
Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner no. 4, Shaligram Yadav 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 petitioner no. 4, Shaligram Yadav shall appear
before the concerned police station every month for six months
to mark their attendance and after the end of the period, the
certificate shall be submitted before the Trial Court failing which
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steps shall be taken for the cancellation of the bail bonds;
(iv) the petitioner no. 4, Shaligram Yadav shall in no
way try to induce or promise or threat the witnesses or tamper
with the evidences, failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(v) the petitioner no. 4, Shaligram Yadav shall desist
from committing any criminal offence again, failing which the
State shall be at liberty to take steps for cancellation of his bail
bonds.
(Rajiv Roy, J)
Adnan/-
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