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Patna High Court

Sonu Yadav @ Raushan Yadav @ Sonu Kumar @ Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail was denied because the seriousness of the allegations and the specific charges against the petitioner warranted denial of relief.

Summary

The petitioner, Sonu Yadav, sought anticipatory bail after being named in an FIR for a series of offences under the Indian Penal Code, including assault, rioting, and attempt to murder of police personnel. The FIR alleged that Yadav and others attacked police who were stopping tractors carrying sand illegally, resulting in injuries to several officers. The petitioner’s case relied on the confessional statement of a co-accused who was apprehended at the scene, while a similarly situated co-accused had already been granted anticipatory bail by a coordinate bench. The State opposed the bail, emphasizing the specific allegations, the seriousness of the offences, and the intent to cause death. Considering the gravity of the charges and the presence of multiple serious IPC sections, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the serious nature of the offences alleged.
  • Whether the confessional statement of a co-accused suffices to justify anticipatory bail.
  • Whether the presence of multiple serious IPC charges precludes the grant of anticipatory bail.

Legislation cited

  • Indian Penal Code — s. 147, 148, 149, 186, 216, 279, 307, 323, 333, 341, 353, 379, 411, 420

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault on police
  • criminal procedure
  • section 438 CrPC
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1850 of 2026
                       Arising Out of PS. Case No.-315 Year-2024 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Sonu Yadav @ Raushan Yadav @ Sonu Kumar @ Raushan Kumar S/o- Arjun
                 Yadav R/v- Maniyara Ps- Wazirganj Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Braj Nandan Kumar Tiwary
                 For the Opposite Party/s :       Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 147, 148, 149,

                   341, 323, 307, 333, 279, 186, 353, 379, 411, 420, 216 of the

                   Indian Penal Code.

                                3. The allegation in the F.I.R. is that when the police

                   party stopped some tractors from illegally carrying sand and

                   demanded challan, three motorcycle borne persons protested

                   and assaulted them while the drivers of the said tractors fled

                   away and only one driver was apprehended, who disclosed the

                   name of petitioner and others.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been made accused in this case on the basis of
           Patna High Court CR. MISC. No.1850 of 2026(2) dt.29-01-2026
                                                       2/2




                     confessional statement of co-accused, who was apprehended on

                     spot.    Similarly      situated        co-accused   has   been   granted

                     anticipatory bail by a coordinate Bench, vide order dated

                     07.08.2025 passed in Cr.Misc. No. 38066 of 2025.

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

                     prayer for anticipatory bail and submits that petitioner is named

                     in the F.I.R. and there is specific allegation against him and he

                     along with other co-accused assaulted police party with

                     intention to commit death. Several police personnel sustained

                     injuries.

                                  6. Considering the nature of allegation, the prayer for

                     anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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