Created by Fuzzy Cloud

Patna High Court

Pintu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioners, six Yadav brothers, sought anticipatory bail fearing arrest in a case (Gogari PS Case No. 317 of 2025) involving offences under sections 190, 191(2), 109(1), 117(2), 303(2), 351(2) and 352 of the Bihar Penal Code. The prosecution alleged that they disrupted a family wedding, assaulted individuals with iron rods, stole a gold locket and took Rs. 20,000. The petitioners contended that the injuries to the complainants were simple, they have no prior criminal record, and the allegations are contested. The State opposed bail, citing the seriousness of the alleged assault and disturbance. Considering the lack of antecedent, the simple nature of injuries, and the presence of counter‑claims, the Court granted anticipatory bail with stringent conditions under Section 438(2) of the Criminal Procedure Code. The bail order required a cash bond, sureties, regular court appearances, police station attendance, and a prohibition on tampering with witnesses or committing further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C.
  • Whether the nature of the alleged injuries and the absence of prior criminal antecedent justify bail.
  • Whether the conditions imposed are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bihar Penal Code
  • assault
  • disturbance of marriage
  • simple injury
  • no criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20849 of 2026
                       Arising Out of PS. Case No.-317 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
           1.     Pintu Yadav S/o- Late Lakhan Yadav @ Lakhanlal Yadav Village- Chhoti
                  Mallya, P.S. Gogari, District- Khagaria
           2.    Banti Yadav @ Banti Kumar S/o- Sunil Yadav Village- Chhoti Mallya, P.S.
                 Gogari, District- Khagaria
           3.    Sanni Kumar S/o- Sunil Yadav Village- Chhoti Mallya, P.S. Gogari, District-
                 Khagaria
           4.    Kare Yadav S/o- Late Anandi Yadav Village- Chhoti Mallya, P.S. Gogari,
                 District- Khagaria
           5.    Pankaj Yadav S/o- Late Anandi Yadav Village- Chhoti Mallya, P.S. Gogari,
                 District- Khagaria
           6.    Pawan Yadav @ Pawan Kumar S/o- Late Anandi Yadav Village- Chhoti
                 Mallya, P.S. Gogari, District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                      Heard Mr. Ranjeet Kumar Singh, learned Counsel

                   for the petitioners and learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Gogari P.S. Case No. 317 of 2025, G.R. No. 3359 of 2025

                   for the offence registered under sections 190, 191(2), 109(1),

                   117(2), 303(2), 351(2), 352 of BNS.

                                3. As per the prosecution story, the informant alleged

                   that on 03.12.2025, there was a wedding in the family but the
Patna High Court CR. MISC. No.20849 of 2026(2) dt.08-04-2026
                                            2/4




          petitioners who wanted to disturb the marriage came armed

          variously and destroyed the pandal setup for the said wedding.

                       4. Allegation is that Sintu Yadav assaulted Manoj

          Kumar on the head with the iron rod causing injury whereas

          Pawan assaulted Bittu again on the head causing injury.

          Allegation against Deepak Kumar is of hitting Sunil Yadav on

          his hand while Bablu Yadav snatched gold locket and there is

          also allegation on Mangal Yadav of taking away Rs. 20,000/-.

          This led to the FIR.

                       5. Learned Counsel for the petitioners submit that

          both are agnates, the informant’s side have suffered grievous

          injury, so far as the injury inflicted to the informant’s side from

          the petitioners are concerned, it has been found to be simple in

          nature, the injury records are part of the record as Annexure-2

          series. The last submission is that the petitioners do not have

          criminal antecedent.

                       6. Learned APP for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that on the

          day of marriage in the family, they tried to disturb it and

          allegation of assault is also there.

                       7. Considering the submissions of the parties as also

          the fact that there is case and counter case, none have criminal
Patna High Court CR. MISC. No.20849 of 2026(2) dt.08-04-2026
                                            3/4




          antecedent, injury has been found to be simple in nature, as

          submitted by the petitioners’ counsel, in that background, this

          Court is inclined to grant them the anticipatory bail with

          conditions.

                       8. Let the petitioners in the event of arrest or

          surrender within a period of four weeks from the date of receipt

          of the order, shall be released on anticipatory bail on furnishing

          bail of Rs. 10,000/- (ten thousand) each with two sureties of the

          like amount each to the satisfaction of the learned Chief Judicial

          Magistrate, Khagaria in connection with Gogari P.S. Case No.

          317 of 2025 subject to condition as laid down under Section

          438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioners, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;

                       (ii) the petitioners shall appear on each and every date

          before the Trial court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his bail

          bond by the Trial court itself;

                       (iii) the petitioners shall appear before the concerned

          police station every fortnight for next six months to mark
           Patna High Court CR. MISC. No.20849 of 2026(2) dt.08-04-2026
                                                       4/4




                     attendance and at the end of the period, the certificate be

                     submitted to the Court;

                                  (iv) the petitioners shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (v) the petitioners shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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