Patna High Court
Uday Yadav @ Jay Prakash Kumar @ Jay PrakashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court grants anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Uday Yadav, sought anticipatory bail after being implicated in a police case (PS No. 1182 of 2025) for alleged offences under sections 126(2), 115(2), 132, 352 and 351(2) of the B.N.S. The police alleged that he was riding a motorcycle without documents, assaulted officers and fled, leading to an FIR. The petitioner contended that he was instead assaulted by the police during a routine check, was injured and taken to hospital, and that the police had not lodged an FIR. The State maintained the petitioner’s culpability for the alleged offences and for assaulting police. Noting that both parties had presented injuries and that there was a genuine case and counter‑case, the Court exercised its discretion under Section 438 of the CrPC and granted anticipatory bail with a set of stringent conditions. The order directs the petitioner to furnish a bail bond, appear before the police and trial court as required, and refrain from tampering with evidence or committing further offences.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the pending police case.
- Whether the allegations against the petitioner constitute a cognizable offence justifying denial of bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 132, 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- police assault
- motor vehicle offences
- bail conditions
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21589 of 2026
Arising Out of PS. Case No.-1182 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Uday Yadav @ Jay Prakash Kumar @ Jay Prakash S/o Shivnarayan Yadav
R/o Village - Dhuria, P.S - Kalpa, District - Jehanabad At present R/o -
Sadasichak, Salarpur, P.S - Kalpa, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate
: Mr. Ranjeet Patel, Advocate
For the State : Mr. Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr. Shivendra Kumar Sinha, learned
counsel for the petitioner and Mr. Dr. Mritunjaya Kr. Gautam,
learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Jehanabad Town P.S. Case No. 1182 of 2025
registered for the offence under Sections 126(2), 115(2), 132,
352 and 351(2) of the B.N.S., lodged on 17.11.2025 by the
informant, Deepak Kumar.
3. As per the prosecution story, the informant alleged
that during the motorcycle checking, this petitioner was
apprehended as he was found without any document/helmet.
However, alongwith the help of his accomplice and after
scuffling with the Police, the petitioner fled away. This led to
the F.I.R..
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.21589 of 2026(2) dt.16-04-2026
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contrary to the allegation, the true version is that in the name of
motorcycle checking, the petitioner was assaulted, was rushed to
the hospital. The injury report is there, which followed the
complaint as the Police chose not to lodge the F.I.R.
5. Learned APP opposes the prayer submitting that
not only he was driving without any document, also assaulted
the Police.
6. Considering the submissions of the parties as also
that there is case and counter case between the parties, both side
suffered injuries, in that background, this Court is inclined to
extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Jehanabad, in
connection with Jehanabad Town P.S. Case No. 1182 of 2025
subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
Patna High Court CR. MISC. No.21589 of 2026(2) dt.16-04-2026
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(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner 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/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner 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;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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