Created by Fuzzy Cloud

Patna High Court

Raushan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, directing release upon furnishing bail bonds subject to Section 438(2) conditions.

Summary

The petitioners, Raushan Yadav and Diwakar Yadav (alias Saurav Kumar), applied for anticipatory bail in a criminal case registered under several sections of the Indian Penal Code, including offences of rioting, assault, and attempt to murder. They alleged that the informant’s claim of a land‑related dispute was a false pretext and that they have a clean antecedent. The informant alleged that his companions were intercepted by the accused, leading to the capture and brutal assault of one companion, Mukesh. The petitioners contended that they would not abscond and would cooperate with the investigation if bail were granted. The learned Additional Public Prosecutor opposed the bail, citing the seriousness of the offences. The Court, applying Section 438(2) of the Criminal Procedure Code, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and compliance with conditions within six weeks.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC should be granted in a case involving offences under IPC sections 447, 341, 342, 323, 307, 325, 506/34.
  • Whether the petitioners are likely to abscond or tamper with evidence given the alleged land‑dispute motive.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Indian Penal Code
  • land dispute
  • false implication
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19159 of 2026
                  Arising Out of PS. Case No.-131 Year-2023 Thana- MOUZAHIDPUR District- Bhagalpur
                 ======================================================
           1.     Raushan Yadav S/o Surendra Yadav R/o Village - Surat Nagar, Manikpur,
                  P.S - Babarganj, District - Bhagalpur
           2.    Diwakar Yadav @ Saurav Kumar S/o Surendra Yadav R/o Village - Surat
                 Nagar, Manikpur, P.S - Babarganj, District - Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md.Najmul Hodda
                 For the Opposite Party/s :      Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 447, 341, 342, 323, 307, 325, 506/ 34 of the Indian

                   Penal Code.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   informant alleges that he along with his two friends on

                   06.04.2023 were going to Manikpur to attend a feast on

                   motorcycle, when they were intercepted by the accused persons

                   including the petitioners. It is further alleged that informant and
Patna High Court CR. MISC. No.19159 of 2026(2) dt.06-04-2026
                                            2/3




          Subham fled while Mukesh was captured by the accused

          persons. The informant reached Manikpur and informed the

          police, the police reached and recovered Mukesh who was

          brutally assaulted. It is next alleged that the reason for the

          occurrence is that the accused persons intend to capture land of

          the informant which is in the name of his maternal grandfather

          and presently is subjudice.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

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

          allegations as alleged in the FIR, it would manifest that

          allegation of assault is not specific and on account of dispute

          relating to land, the occurrence is alleged to have taken place,

          but then, it is submitted that it absolutely does not stand to

          reason that if petitioners intended to capture the land of the

          informant which is in the name of his maternal grandfather, then

          why they would have left and would have captured Mukesh and

          assaulted him. It is also submitted that if privilege of

          anticipatory bail is granted, the petitioners will not abscond

          rather will cooperate in the investigation to prove their

          innocence. It is next submitted that petitioners are not criminals.

                       5. Learned A.P.P. opposes the anticipatory bail
               Patna High Court CR. MISC. No.19159 of 2026(2) dt.06-04-2026
                                                           3/3




                         application.

                                      6. Considering the submissions made by the learned

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

                         event of their arrest or surrender before the learned Court below

                         within a period of six weeks, are directed to be released on

                         anticipatory bail on their furnishing bail-bonds in the sum 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

                         Mojahidpur (Babarganj) P. S. Case No.131 of 2023, subject to

                         the conditions laid down under Section 438(2) of the Cr.P.C.

                                      7. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.