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Patna High Court

Ranveer YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioners 1 to 7 subject to conditions under Section 438(2) of the Cr.P.C.

Summary

The petitioners, seven members of the Yadav family, sought anticipatory bail fearing arrest in connection with PS Sangrampur Case No.130/2025, which alleged offences under multiple sections of the B.N.S., 2023 and Section 27 of the Arms Act, based on an FIR filed by Sunil Kumar. The prosecution alleged that after a prior criminal case, Rahul Kumar and Kumtesh Kumar ordered Uday Yadav and Sachin Yadav to fire weapons, an incident captured on CCTV, though no injuries were reported. The petitioners contended that only Rahul and Kumtesh were the instigators and that the other accused, including the seven petitioners, had no assigned role in the FIR. The court noted the absence of any injury and the lack of specific allegations against the seven petitioners, and therefore exercised its discretion under Section 438(2) of the Cr.P.C. to grant them anticipatory bail subject to stringent conditions. The bail order required a bond of Rs.10,000 with two sureties, regular appearances before police and the trial court, and prohibitions against tampering with evidence or committing further offences.

Issues considered

  • Whether anticipatory bail should be granted to the seven petitioners under the listed sections of the B.N.S., 2023 and the Arms Act despite the FIR allegations.
  • Whether the absence of injury and lack of specific role assignment in the FIR justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • B.N.S. 2023
  • Arms Act
  • Section 438 CrPC
  • no injury
  • CCTV evidence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17505 of 2026
                    Arising Out of PS. Case No.-130 Year-2025 Thana- SANGRAMPUR District- Munger
                 ======================================================
           1.     Ranveer Yadav Son of Upendra Yadav Resident of village-Raikar, PO And
                  PS-Sangrampur,District- Munger
           2.    Ravindra Kumar yadav @ Ravindra yadav Son of Bhramdeo yadav Resident
                 of village-Raikar, PO And PS-Sangrampur,District- Munger
           3.    Prakash yadav Son of Late Shiv Narayan Yadav Resident of village-Raikar,
                 PO And PS-Sangrampur,District- Munger
           4.    Deepak Kumar Son of Arun Yadav Resident of village-Raikar, PO And PS-
                 Sangrampur,District- Munger
           5.    Upendra Yadav son of Late Shiv Narayan yadav Resident of village-Raikar,
                 PO And PS-Sangrampur,District- Munger
           6.    Mukesh Kumar yadav Son of Upendra Yadav Resident of village-Raikar, PO
                 And PS-Sangrampur,District- Munger
           7.    Sanjay Yadav son of Late jagarnath yadav Resident of village-Raikar, PO
                 And PS-Sangrampur,District- Munger
           8.    Uday Yadav Son of Late jagarnath yadav Resident of village-Raikar, PO
                 And PS-Sangrampur,District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :      Mrs.Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   25-03-2026                    Learned counsel for the petitioners prays for

                   withdrawal of the anticipatory bail application of petitioner

                   no.08, Uday Yadav which accordingly dismissed as withdrawn.

                                    2. Heard the parties.

                                    3. The petitioners are apprehending arrest in

                   connection with Sangrampur P.S. Case No. 130/2025 u/s 191(2),
Patna High Court CR. MISC. No.17505 of 2026(2) dt.25-03-2026
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          190, 109, 119(1),308(2),308(5), 308(4), 352, 351(2), 191(3) of

          B.N.S., 2023 and section 27 of Arms Act lodged on 07.08.2025

          by the informant, Sunil Kumar.

                       4. As per the prosecution story, the informant alleged

          that earlier a criminal case is pending against the accused and

          they wanted it to bring to an end. Upon refusal, on the insistence

          of Rahul Kumar and Kumtesh Kumar, allegation is that Uday

          Yadav and Sachin Yadav resorted to fire arms. The informant

          managed to escape and the entire episode has been recorded in

          the CCTV camera. This led to the FIR.

                       5. Learned counsel for the petitioners submit that a

          perusal of the FIR would show that only to implicate, all have

          been named though role has been assigned only to Rahul Kumar

          and Kumtesh Kumar as order givers and Uday Yadav and

          Sachin Kumar who opened fire. Though, she submits that none

          received injury.

                       6. Learned APP opposes the prayer submitting that

          earlier also there is criminal case and once again they resorted to

          assault.

                       7. Considering the submissions of the parties, as

          recorded above, though no injuries have been recorded,

          allegation is against at best Uday Yadav and Sachin Kumar,
Patna High Court CR. MISC. No.17505 of 2026(2) dt.25-03-2026
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          name of these petitioners are in the FIR but no role assigned, in

          that background, this Court is inclined to extend them the

          privilege of anticipatory bail.

                       8. Let the petitioner nos. 01 to 07 namely Ranveer

          Yadav, Ravindra Kumar Yadav @ Ravindra Yadav, Prakash

          Yadav, Deepak Kumar, Upendra Yadav, Mukesh Kumar Yadav

          and Sanjay Yadav be released on bail, in the event of their arrest

          or surrender before the concerned court within a period of four

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten Thousand) each with two sureties of the like

          amount each in connection with Sangrampur P.S. Case No.

          130/2025 to the satisfaction of learned A.C.J.M.-IVth, Munger

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

          the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner nos. 01 to 07 namely Ranveer

          Yadav, Ravindra Kumar Yadav @ Ravindra Yadav, Prakash

          Yadav, Deepak Kumar, Upendra Yadav, Mukesh Kumar Yadav

          and Sanjay Yadav who shall provide official document (Aadhar

          Card/Driving License/Voter ID/Pan Card etc.) to show his/her

          bona fide;

                       (ii) The petitioner nos. 01 to 07 namely Ranveer
Patna High Court CR. MISC. No.17505 of 2026(2) dt.25-03-2026
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          Yadav, Ravindra Kumar Yadav @ Ravindra Yadav, Prakash

          Yadav, Deepak Kumar, Upendra Yadav, Mukesh Kumar Yadav

          and Sanjay Yadav shall be appearing before the police station as

          and when required for cooperating in the investigation;

                       (iii) the petitioner nos. 01 to 07 namely Ranveer

          Yadav, Ravindra Kumar Yadav @ Ravindra Yadav, Prakash

          Yadav, Deepak Kumar, Upendra Yadav, Mukesh Kumar Yadav

          and Sanjay Yadav 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 their bail

          bond by the Trial Court itself;

                       (iv)   the petitioner nos. 01 to 07 namely Ranveer

          Yadav, Ravindra Kumar Yadav @ Ravindra Yadav, Prakash

          Yadav, Deepak Kumar, Upendra Yadav, Mukesh Kumar Yadav

          and Sanjay Yadav shall appear before the concerned police

          station every fortnight for next               six months to mark their

          attendance and at the end of the period a certificate be submitted

          before the Trial Court failing which the State shall be at liberty

          to take steps for cancellation of bail bonds;

                       (v) the petitioner nos. 01 to 07 namely Ranveer Yadav,

          Ravindra Kumar Yadav @ Ravindra Yadav, Prakash Yadav,

          Deepak Kumar, Upendra Yadav, Mukesh Kumar Yadav and
             Patna High Court CR. MISC. No.17505 of 2026(2) dt.25-03-2026
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                       Sanjay Yadav 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;

                                    (vi) the Ranveer Yadav, Ravindra Kumar Yadav @

                       Ravindra Yadav, Prakash Yadav, Deepak Kumar, Upendra

                       Yadav, Mukesh Kumar Yadav and Sanjay Yadav 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.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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