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Patna High Court

Birendra Yadav @ Birendra Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the stipulated bond and conditions.

Summary

The petitioners, four Yadavs from Satanpatti, were accused of multiple offences under the IPC, including assault and attempt to murder, arising from an incident where Birendra Yadav allegedly assaulted two individuals. They applied for anticipatory bail after the district court rejected their earlier application, arguing they have clean antecedents and that the investigating officer never deemed arrest necessary, only issuing a Section 41A notice. The State opposed the bail, contending the seriousness of the charges. The High Court considered whether anticipatory bail was appropriate despite the filing of a charge‑sheet and found no risk of absconding or tampering. Consequently, the Court granted anticipatory bail subject to a Rs.10,000 bond with two sureties and conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S., allowing cancellation if the petitioners delay the trial.

Issues considered

  • Whether anticipatory bail should be granted when the police have not arrested the accused but a charge‑sheet has been filed.
  • Whether the petitioners pose a risk of absconding or of delaying the trial.
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • IPC offences
  • Section 438 CrPC
  • Section 41A CrPC
  • bail conditions
  • criminal procedure
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15028 of 2026
                      Arising Out of PS. Case No.-28 Year-2021 Thana- RATANPUR District- Supaul
                 ======================================================
           1.     Birendra Yadav @ Birendra Kumar Yadav S/o Bhola Prasad Yadav @ Bhola
                  Yadav Resident of village - Satanpatti, Police Station - Ratanpura, District -
                  Supaul
           2.    Mithilesh Kumar @ Mithu @ Mithun Yadav S/o Rajendra Yadav Resident of
                 village - Satanpatti, Police Station - Ratanpura, District - Supaul
           3.    Hiralal Yadav @ Hira Kumar S/o Ramesh Yadav Resident of village -
                 Satanpatti, Police Station - Ratanpura, District - Supaul
           4.     Shankar Yadav @ Shankar Kumar S/o Ramesh Yadav Resident of village -
                  Satanpatti, Police Station - Ratanpura, District - Supaul
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 147, 341,

                   323, 307, 380, 504, 506 and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and in sum and

                   substance, the allegation is that petitioner no. 1 Birendra Yadav

                   assautled Laddu Lal Yadav by farsa causing injury on his head

                   and thereafter assaulted Rupesh Kumar by farsa causing injury

                   on his neck. It is further submitted that as far as other petitioners
Patna High Court CR. MISC. No.15028 of 2026(2) dt.24-03-2026
                                            2/3




          are concerned, the allegatin against them is general and omnibus

          in nature. It is next submitted that petitioners had moved before

          the learned District Court seeking anticipatory bail but then the

          same came to be rejected thereafter the Investigating Officer of

          the case gave notice under Section 41A of the Cr.P.C. to the

          accused persons and the accused persons cooperated in the

          investigation and the Investigating Officer never felt the need of

          arresting the petitioners but subsequently charge-sheet came to

          be submitted based on which cognizance has been taken, hence,

          petitioners apprehend their arrest.

                       4. Learned counsel for the petitioners submits that

          when the police, during the course of investigation, never felt

          the need of arresting the petitioners, whether it would be

          prudent for the Court to send the petitioners to jail based on an

          order of cognizance. It is further submitted that if the privilege

          of anticipatory bail is granted to the petitioners, the petitioners

          will not abscond rather will cooperate in the trial to prove their

          innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners, above-named, in
           Patna High Court CR. MISC. No.15028 of 2026(2) dt.24-03-2026
                                                       3/3




                     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.10,000/- (Rupees Ten 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 Ratanpura P.S. Case No. 28 of 2021, subject to

                     the conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that if the learned Trial

                     Court comes to a conclusion that petitioners, after their release

                     on anticipatory bail, are trying to delay the framing of charge or

                     after framing of charge are trying to delay the trial of the case in

                     any manner, in both the conditions the learned Trial Court shall

                     be at liberty to cancel the bail bonds of the petitioners.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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