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Patna High Court

Pankaj YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail cannot be granted as there is no apprehension of arrest after a fourteen‑year lapse.

Summary

The petitioners sought anticipatory bail in a complaint case filed in 2012 alleging their involvement in the murder of Arvind Yadav under Sections 302 and 120B of the IPC. The FIR, based on a chowkidar's statement, identified no assailant, and the father of the deceased later filed a complaint implicating the petitioners, alleging a land dispute and political enmity. The petitioners argued they were innocent and that fourteen years had passed since the complaint, negating any apprehension of arrest. The State opposed the bail, contending the seriousness of the offences. The court observed that the long lapse of time removed any likelihood of imminent arrest and consequently rejected the anticipatory bail petition.

Issues considered

  • Whether anticipatory bail can be granted after a fourteen‑year lapse since the complaint was filed
  • Whether there is a reasonable apprehension of arrest of the petitioners
  • Whether the petitioners' alleged involvement in offences under Sections 302 and 120B IPC warrants bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 302 IPC
  • Section 120B IPC
  • delay in prosecution
  • land dispute
  • political enmity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21034 of 2026
                  Arising Out of PS. Case No.-3453 Year-2012 Thana- COMPLAINT CASE District- Araria
                 ======================================================
           1.     Pankaj Yadav son of Pancham Yadav Resident of village- Gorraha
                  Bishanpur, ps- Narpatganj, Dist- Araria
           2.    Anil Yadav son of Sukhdeo Yadav Resident of village- Gorraha Bishanpur,
                 ps- Narpatganj, Dist- Araria
           3.    Sunil Yadav Son of Skhdeo Yadav Resident of village- Gorraha Bishanpur,
                 ps- Narpatganj, Dist- Araria
           4.    Binod Kuamr @ Binod Yadav Son of Late Kartik Yadav Resident of village-
                 Gorraha Bishanpur, ps- Narpatganj, Dist- Araria
           5.    Sukhdeo Yadav @ Sukdeo yadav Son of Nageshwar yadav Resident of
                 village- Gorraha Bishanpur, ps- Narpatganj, Dist- Araria
           6.    Ranjan Kumar Yadav @ Ranjay yadav Son of Shivanand Yadav Resident of
                 village- Gorraha Bishanpur, ps- Narpatganj, Dist- Araria
           7.    Ramanand Yadav son of Uttam Lal Yadav Resident of village- Gorraha
                 Bishanpur, ps- Narpatganj, Dist- Araria
           8.    Madhumal Kumar Yadav Son of Ramanand Yadav Resident of village-
                 Gorraha Bishanpur, ps- Narpatganj, Dist- Araria
           9.    Yogendra Kumar yadav @ Gajendra Yadav Son of Bechan Yadav Resident
                 of village- Gorraha Bishanpur, ps- Narpatganj, Dist- Araria

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Gurudev yadav Son of Late Sundar yadav Resident of village- Bibiganj, Ps-
                 Narpatganj, Dist- Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Binod Kumar Yadav
                 For the Opposite Party/s :      Mr.Anish Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026                         Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Complaint Case No. 3453C of 2012, registered for the
Patna High Court CR. MISC. No.21034 of 2026(2) dt.08-04-2026
                                            2/3




          offences punishable under Sections 302, 120B of IPC.

                       3. On the basis of the fardbayan of Bijendra Paswan

          (Choukidar), Narpatganj P.S. Case No. 186/2011 was registered

          under Sections 302/34 IPC against unknown persons regarding

          the murder of Arvind Yadav. After investigation, the I.O.

          submitted final form without identifying any assailant.

          Subsequently, Gurudeo Yadav (father of the deceased) filed

          Complaint Case No. 1729C/2011 alleging that the petitioners

          along with other accused persons assaulted and killed his son

          Arvind Yadav. He also alleged that despite repeated requests, the

          police did not record his statement, compelling him to file the

          complaint case.

                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated

          due to previous enmity and village politics. They are the persons

          of clean antecedent. There is land dispute between the parties.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail.

                       6. Earlier, an FIR was registered vide Narpatganj P.S.

          Case No. 186 of 2011 on 14.7.2011 on the basis of fard beyan of

          the informant Bijendra Paswan, chowkidar. After investigation,

          the police submitted final form finding the occurrence to be true
           Patna High Court CR. MISC. No.21034 of 2026(2) dt.08-04-2026
                                                       3/3




                     but no clue and thereafter, complaint petition was filed by

                     Gurudeo Yadav, the father of the deceased, against the accused

                     persons/petitioners in the year 2012. It is in connection with this

                     complaint case lodged in the year 2012 that the petitioners have

                     now approached this Court for grant of anticipatory bail.

                                  7. Taking note of the fact that almost 14 years have

                     elapsed since the date the complaint case was filed in the year

                     2012. Therefore, this Court does not see any apprehension of

                     arrest. Hence, this bail petition is rejected.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T


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