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Patna High Court

Surendra YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the court was not inclined to grant such privilege in view of the gravity of the offences and the petitioner’s antecedent.

Summary

The petitioner, Surendra Yadav, filed a petition seeking anticipatory bail in connection with a criminal case (P.S. Case No.33 of 2025) involving multiple offences under the Bihar Negotiable Substances Act, 2023. He claimed innocence despite having one prior criminal antecedent, while the prosecution alleged his involvement in the assault of the deceased alongside other accused. The learned A.P.P. opposed the bail, emphasizing the seriousness of the charges and the petitioner’s antecedent. The Court examined the gravity of the offences and the petitioner’s criminal history, concluding that granting anticipatory bail would be inappropriate. Consequently, the Court rejected the anticipatory bail application and directed the petitioner to surrender within four weeks, failing which police would arrest him.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the seriousness of the offences and his prior criminal antecedent?

Legislation cited

  • B.N.S., 2023 — s. 103, 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 329(3), 329(4)

Subjects

  • anticipatory bail
  • criminal antecedent
  • bail denial
  • surrender order
  • Bihar Negotiable Substances Act
  • criminal offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14491 of 2026
                    Arising Out of PS. Case No.-33 Year-2025 Thana- KHUTAUNA District- Madhubani
                 ======================================================
                 Surendra Yadav S/o- Late Haleshwar Yadav R/village-Jhanjhapatti Down,
                 P.S.- Khutauna, District- Madhubani.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubham Kumar, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Khutauna P.S. Case No. 33 of 2025, registered for the

                   offence under Sections 329(3), 329(4), 126(2), 115(2), 191(2),

                   191(3), 190, 109(1), 118(1) & 103 of the B.N.S., 2023.

                                3. Though, the allegation against one Rajiv Kumar

                   Yadav is specific but the petitioner and others accused persons

                   are also said to have assaulted the deceased.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has not committed any offence.

                   Petitioner has one criminal antecedent.

                                5. Learned A.P.P. has vehemently opposed the prayer

                   for bail and submits that petitioner is involved in the alleged

                   occurrence and carries one criminal antecedent.
            Patna High Court CR. MISC. No.14491 of 2026(2) dt.25-02-2026
                                                        2/2




                                   6. Considering the gravity of offence as against the

                      petitioner, this Court is not inclined to grant privilege of

                      anticipatory bail to the petitioner.

                                   7. Accordingly, the prayer for grant of anticipatory

                      bail to the petitioner is hereby rejected.

                                   8. The petitioner is directed to surrender within four

                      weeks from today, failing which the Superintendent of Police,

                      Madhubani will take all steps for his arrest.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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