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Patna High Court

Deepak YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners, subject to surrender and bond conditions under Section 482(2) of the B.N.S.

Summary

The petitioners, Deepak Yadav and Ankit Kumar, applied for anticipatory bail fearing arrest in connection with PS Case No. 418 of 2025, which alleged offences under Sections 109, 351(2) and 3(5) of the B.N.S. and Sections 27, 25(1‑B) and 26 of the Arms Act. The prosecution alleged that the petitioners participated in firing during the Bihar Assembly Election 2025, while the petitioners contended they were innocent, had no criminal antecedent and that the FIR was based solely on villagers’ statements without clear identification. The State opposed the bail, arguing the seriousness of the alleged offences. After hearing both sides, the Court found that the allegations did not establish a clear prima facie case and that the petitioners were entitled to bail. Consequently, the Court ordered that the petitioners surrender within four weeks and, if arrested, be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S. despite allegations of firing under the Arms Act
  • Whether the FIR sufficiently discloses the involvement of the petitioners to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • Arms Act
  • criminal procedure
  • electoral violence
  • section 482(2)
  • FIR
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16143 of 2026
                     Arising Out of PS. Case No.-418 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
           1.     Deepak Yadav, Son of Brahmdev Yadav, Resident of Dulduliya, P.S.-
                  Pirpainti, District- Bhagalpur
           2.    Ankit Kumar, Son of Brahmdev Yadav, Resident of Dulduliya, P.S.-
                 Pirpainti, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Krishna, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2.The instant application for anticipatory bail has been

                   filed by the petitioners apprehending their arrest in connection

                   with Pirpainti P.S. Case No. 418 of 2025 instituted for the

                   offence under Sections 109, 351(2) and 3(5) of B.N.S. and

                   Sections 27, 25(1-B) and 26 of Arms Act.

                                3. The case of the prosecution, in short, is that the

                   petitioners along with others were making firing.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have falsely been implicated in this
             Patna High Court CR. MISC. No.16143 of 2026(2) dt.18-03-2026
                                                         2/2




                       case. They have got no criminal antecedent. Only allegation

                       against the petitioners is that they were making firing at the

                       occasion of Bihar Assembly Election 2025. Nobody has

                       received any injury and the F.I.R. is based on the statement of

                       the villagers. It is not clear in the F.I.R. that as to who disclosed

                       the name of these petitioners.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of bail of the petitioners.

                                    6. Having heard learned counsel for the parties and in

                       the facts and circumstances of the case as stated above, this

                       Court is inclined to enlarge the petitioners on bail. The

                       petitioners are directed to surrender in the Court below within a

                       period of four weeks from today and in the event of their arrest

                       or surrender in connection with Pirpainti P.S. Case No. 418 of

                       2025, they will be enlarged on bail on furnishing bail bond of

                       Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

                       like amount each to the satisfaction of learned A.D.J-XIII,

                       Bhagalpur, subject to the conditions as laid down under section

                       482 (2) of the B.N.S.S.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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