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Patna High Court

Rajniti YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Petitioner Rajniti Yadav applied for anticipatory bail fearing arrest in a case arising from communal firing incidents, charged under multiple sections of the B.N.S. and the Arms Act. He contended that he was falsely implicated, had no criminal antecedent, and no seized material was found on him, citing a similar co-accused who had been granted bail. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the Court found the allegations to be general and the petitioner’s position comparable to the co-accused, and therefore ordered anticipatory bail subject to surrender, a bail bond of Rs.10,000 with two sureties, and conditions under Section 482(2) of the B.N.S. The order directs the petitioner to appear before the lower court within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
  • Whether the conditions imposed under Section 482(2) of the B.N.S. are appropriate

Legislation cited

  • Arms Act — s. 27, 30
  • B.N.S. — s. 109(1), 115(2), 126(2), 132, 190, 191(2), 193(3), 196, 285, 482(2)

Subjects

  • anticipatory bail
  • communal violence
  • arms possession
  • bail conditions
  • Section 482
  • criminal charges

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20506 of 2026
                       Arising Out of PS. Case No.-81 Year-2025 Thana- Safiyasarai District- Munger
                 ======================================================
                 Rajniti Yadav S/O Hari Prasad @ Harilal Yadav @ Hari Yadav Resident of
                 Village- Prem Tola Farda, P.S- Safiasarai, Distt.- Munger.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Suman Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   Safiasarai P.S. Case No. 81 of 2025 instituted for the offence under

                   Sections 191(2), 193(3), 190, 126(2), 115(2), 132, 196, 109(1) and

                   285 of B.N.S. and Sections 30/27 of the Arms Act.

                                3. The case of the prosecution is that two groups of

                   people of different communities started firing over each other.

                   Police has arrested certain persons and others managed to escape.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has falsely been implicated in this case. From perusal

                   of the FIR, it is clear that the nature of allegation is general and
            Patna High Court CR. MISC. No.20506 of 2026(2) dt.15-04-2026
                                                        2/2




                      omnibus. It has further been submitted that from perusal of the

                      seizure list, it will transpire that recovery has been made from co-

                      accused Bablu. Nothing has been recovered from the possession of

                      this petitioner. Similarly situated co-accused person has been

                      granted bail by learned co-ordinate Bench of this Court vide Cr.

                      Misc. No. 7108 of 2026. The case of this petitioner stands on

                      similar footing. Petitioner is having no criminal antecedent.

                                   5. In contra, learned APP appearing for the State has

                      opposed the prayer of bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this Court

                      is inclined to enlarge the petitioner on bail. The petitioner is

                      directed to surrender in the Court below within a period of four

                      weeks from today and in the event of his arrest or surrender in

                      connection with Safiasarai P.S. Case No. 81 of 2025, he will be

                      enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                      ten thousand) with two sureties of the like amount each to the

                      satisfaction of learned C.J.M., Munger subject to the conditions as

                      laid down under section 482(2) of B.N.S.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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