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Patna High Court

Dayanand YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to anticipatory bail subject to the conditions of Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

The petitioners, five Yadavs from Jamui district, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Securities Act, 2023. They contended that the FIR does not specifically allege any assault or abuse by them and that they have been falsely implicated by the informant. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the submissions, granted anticipatory bail to the petitioners, subject to a bail bond of Rs.10,000 and two sureties each, and conditioned it on compliance with Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. The order was made effective for six weeks from the date of the order.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite the FIR alleging offences under the B.N.S., 2023.
  • Whether the FIR specifically implicates the petitioners in the alleged assaults.
  • Whether the State's opposition suffices to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18369 of 2026
                        Arising Out of PS. Case No.-420 Year-2025 Thana- KHAIRA District- Jamui
                 ======================================================
           1.     Dayanand Yadav S/o Karu Yadav R/o Village - Dayaldih, P.S - Khaira,
                  District - Jamui
           2.    Amit Yadav @ Anik Kumar S/o Nadi Yadav R/o Village - Dayaldih, P.S -
                 Khaira, District - Jamui
           3.    Arvind Kumar @ Arvind Yadav S/o Pappu Yadav But wrongly written
                 Father's name as Sukhdeo Yadav R/o Village - Dayaldih, P.S - Khaira,
                 District - Jamui
           4.    Raju Yadav S/o Sukhdev Yadav R/o Village - Dayaldih, P.S - Khaira, District
                 - Jamui
           5.     Bishundeo Yadav S/o Sukhdeo Yadav R/o Village - Dayaldih, P.S - Khaira,
                  District - Jamui
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 190,

                   191(2), 191(3), 126(2), 115(2), 109(1), 329(4), 303(2), 74, 352

                   and 351(2) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case and rest of the

                   petitioners are persons with clean antecedent and the informant

                   alleges that accused persons including the petitioners came
Patna High Court CR. MISC. No.18369 of 2026(2) dt.01-04-2026
                                            2/3




          variously armed and started abusing and on objection Swarath

          assaulted the informant by an iron rod causing injury on head

          thereafter Dinesh acted inappropriately with his bhabhi and

          assaulted her with bamboo causing injury on head and Ranjeet

          assaulted his brother, namely, Manoj by rod causing injury on

          head.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no

          specific allegation of assault or abuse is alleged against the

          petitioners. It is next submitted that Swarath, Dinesh and

          Ranjeet are not the petitioners in the instant anticipatory bail

          application against whom there is specific allegation of assault.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners, above-named, in

          the event of their arrest or surrender within a period of six

          weeks from today, be released on anticipatory bail on furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned
           Patna High Court CR. MISC. No.18369 of 2026(2) dt.01-04-2026
                                                       3/3




                     Trial Court where the case is pending/Successor Court in

                     connection with Khaira P.S. Case No. 420 of 2025, subject to

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

                     Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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