Patna High Court
Prabhash Kumar Yadav @ Prabhas yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
The petitioner, Prabhash Kumar Yadav, sought anticipatory bail fearing arrest in connection with a 2017 case (PS No. 72) involving offences under Sections 341, 323, 325, 307 and 354(b) of the Indian Penal Code. He argued that he was taking steps before the competent Sessions Court and requested the High Court to allow him to surrender within eight weeks. The State counsel highlighted that the petitioner had previously been directed by this Court to surrender but had failed to do so. The Court considered the petitioner’s failure to comply with the earlier direction and the seriousness of the alleged offences. Consequently, the Court ordered the petitioner to surrender within eight weeks and directed that the matter be taken up for disposal on the same day, rejecting the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the pending criminal charges
- Whether the petitioner’s failure to surrender as previously directed warrants denial of bail
Legislation cited
- Indian Penal Code — s. 307, 323, 325, 341, 354(b)
Subjects
- anticipatory bail
- surrender
- Indian Penal Code
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17300 of 2026
Arising Out of PS. Case No.-72 Year-2017 Thana- BAUNSI District- Araria
======================================================
Prabhash Kumar Yadav @ Prabhas yadav son of Parmeshwari Yadav Resident
of village- Mirjapur, Ps- Bausi, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Bausi P.S. Case No. 72 of 2017, registered for
the offence under Sections 341, 323, 325, 307 and 354(B) of the
Indian Penal Code lodged on 12.06.2017 by the informant,
Urmila Devi.
3. After some argument, learned counsel for the
petitioner submits that the petitioner is taking necessary steps in
accordance with law, before the Competent Sessions Court.
4. Learned State counsel submits that a perusal of
Annexure 1 would show that the petitioner earlier also moved
before this Court and was directed to surrender but he failed to
do so.
5. In that background, it would be appropriate that the
Patna High Court CR. MISC. No.17300 of 2026(2) dt.25-03-2026
2/2
petitioner would surrender in next eight weeks, the Court
concern shall take up the matter and dispose of it preferably on
the same day.
6. With the aforesaid observation, the anticipatory bail
application stands rejected.
(Rajiv Roy, J)
Ranjeet/-
U T
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