Patna High Court
Raushan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307, 323, 325, 34, 341, 342, 447, 506
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
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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
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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
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