Created by Fuzzy Cloud

Patna High Court

Uday Yadav @ Jay Prakash Kumar @ Jay PrakashversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                   (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


Continue reading with your account

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

Sign in to read

Checking your session…

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