Patna High Court
Anandi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to prescribed conditions.
Summary
The petitioner, Anandi Yadav, applied for anticipatory bail in connection with FIR No.145 of 2024 alleging offences under Sections 126(2), 115(2), 352, 351(2), 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. The FIR was lodged 12 days after the alleged incident, which the petitioner claims arose from a money‑transaction dispute with the informant, Nagina Devi. The petitioner highlighted his clean antecedent and argued that the delay and the underlying dispute warranted bail. The State opposed the bail, citing the seriousness of the alleged offences. The Court, considering the delay, the petitioner’s clean record and the statutory provisions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties and several conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the 12‑day delay in lodging the FIR is a ground to deny bail.
- Applicability of Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita in granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 305, 331(4), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- delay in FIR
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15656 of 2026
Arising Out of PS. Case No.-145 Year-2024 Thana- CHANAN District- Lakhisarai
======================================================
Anandi Yadav S/O Late Chamman Yadav R/O Vill.- Basuwachak, P.S-
Chanan, Dist.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Chanan P.S. Case No. 145 of 2024, F.I.R dated
30.12.2024 registered for the offences punishable under
Sections 126(2), 115(2), 352, 351(2), 331(4), 305 of the
Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the FIR was lodged
on the written information of Nagina Devi. She alleged that on
18.12.2024 at about 11:00 P.M., while she and her 14-year-old
son were inside their house, she heard a sound and woke up to
find Anandi Yadav (the petitioner) trespassing inside the house.
It is further alleged that he was removing items from a box and,
when the informant objected, he assaulted her and her son. The
accused allegedly threatened them by pointing a pistol,
committed theft of gold ornaments, and fled away.
4. Learned counsel for the petitioner submits that the
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cause behind the incident is in respect of the money transaction,
which is said to have been taken place between informant and
the petitioner and because of the said dispute, the present First
Information Report has been lodged implicating this petitioner.
There is a delay of 12 days in lodging the case at hand and there
is no explanation to the same. Counsel for the petitioner further
submits that liberty may be restored to the informant that in case
in future similar incident takes place or allegation of any
threatening is made by the informant before the police and on
investigation of the allegations are found to be true, then the
informant and as also the police may be restored with liberty to
seek cancellation of bail by initiating appropriate proceeding
before the court concerned.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the petitioner undertakes that there is delay of 12 days in
registering the First Information Report and the petitioner has
clean antecedent. Accordingly, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate
First, Lakhisarai, District-Lakhisarai in connection with Chanan
P.S. Case No. 145 of 2024, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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