Patna High Court
Chandi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, a father and son, feared arrest in a case registered under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023, based on an informant's allegation that they fired weapons to create fear, though no injury occurred. The petitioners contended that the informant, with whom they have a personal dispute, had falsely implicated them and that they would cooperate with the investigation if granted anticipatory bail. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to the petitioners furnishing bail bonds of Rs.10,000 each with two sureties and complying with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also stipulated that bail could be cancelled if the petitioners failed to cooperate with the investigating officer.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances alleged.
- Whether the allegations constitute a serious offence warranting denial of anticipatory bail.
- Whether there is a likelihood of the petitioners absconding or tampering with evidence.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- false implication
- bail conditions
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18840 of 2026
Arising Out of PS. Case No.-310 Year-2025 Thana- BAIRIYA District- West Champaran
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1. Chandi Yadav S/O Late Yamuna Yadav @ Budhan Yadav R/O Vill.-
Tadhwanandpur, Ward No. 10, P.S.- Bairiya, Dist.- West Champaran.
2. Om Prakash Yadav S/O Chandi Yadav @ Om Prakash Yadav R/O Vill.-
Tadhwanandpur, Ward No. 10, P.S.- Bairiya, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-04-2026 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 126(2),
115(2), 109(1), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases but then two cases
were instituted by the instant informant and petitioner no. 2 has
antecedent of two cases out of which one case is under the
Excise Act and the informant alleges that on 25.07.2025, at
about 05:00 p.m., the informant was present at his door when
the accused persons including the petitioners came and started
abusing. On objection, all the accused including the petitioners
Patna High Court CR. MISC. No.18840 of 2026(2) dt.02-04-2026
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fired with an intent to create fear.
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 though allegation of
firing is alleged but then no one was injured. It is next submitted
that there is an existing dispute in between the informant and the
petitioners who are father and son. It is also submitted that if the
privilege of anticipatory bail is granted to the petitioners, the
petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
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 appearing on behalf of 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 Trial Court where
the case is pending/Successor Court in connection with Bairiya
P.S. Case No. 310 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.
Patna High Court CR. MISC. No.18840 of 2026(2) dt.02-04-2026
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7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioners, despite giving
assurance to this Court, are not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioners.
(Satyavrat Verma, J)
Kundan/-
U T
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