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Patna High Court

Prabhash Kumar Yadav @ Prabhas yadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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