Patna High Court
Sonu Yadav @ Raushan Yadav @ Sonu Kumar @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
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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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