Patna High Court
Adhir YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions.
Summary
The petitioner, Adhir Yadav, sought anticipatory bail fearing arrest in a case (Harnaut PS Case No.552 of 2025) filed under Sections 137(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act. The FIR alleges that his relatives and unknown persons abducted an informant, questioned him about looted gold, and that Yadav allegedly fired at the informant, although no empty cartridge was recovered. Yadav contended that he was falsely implicated, highlighted a delay in lodging the FIR, and pointed to a family dispute as the motive behind the allegations. The State opposed the anticipatory bail, relying on the seriousness of the charges and Yadav’s prior criminal antecedents. The Court, after considering the facts, the lack of incriminating material, and the possibility of surrender, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S. 2023. Yadav undertook to cooperate with the investigation and trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under Sections 137(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Arms Act
- false implication
- family dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22137 of 2026
Arising Out of PS. Case No.-552 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Adhir Yadav Son of Sita Yadav R/o - Phalanwan, P.S - Harnaut, District -
Nalanda, Bihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 08-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Harnaut P.S. Case No.552 of 2025 instituted under Sections
137(2) and 3(5) of the B.N.S., 2023 and 27 of the Arms Act.
3. As per the F.I.R., on the date of occurrence his two
relatives Saala and Sadhu, namely, Manjit Kumar and
Abhimanyu Kumar respectively along with 6-8 unknown
persons forcibly took the informant with them on motorcycle
from his house. It is further alleged that near Cheran Khanda,
the accused persons along with the petitioner surrounded him
and asked about the gold which was looted by his Saala, Sadhu
and their gang and to save themselves they named the petitioner.
Upon the arrival of police, when the informant tried to run
Patna High Court CR. MISC. No.22137 of 2026(4) dt.08-07-2026
2/3
towards the police, the petitioner, namely, Adhir Yadav allegedly
fired upon him, thereafter all the accused persons fled away
from the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. The allegation against the petitioner is that he has fired
bullet but no empty cartridge was recovered from the place of
occurrence. He further submits that as per the F.I.R., the police
had knowledge of the occurrence on 10.12.2005 but the F.I.R
was lodged on the next day which creates doubt with respect to
the prosecution case. There is a family dispute between the
informant and his in-laws and the petitioner has no concern with
them. Although the petitioner has four criminal antecedents out
of which in one case he has been acquitted, and in other three
cases he is on bail. There is no incriminating material against
the petitioner. He undetakes to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties, nature of
allegation, in the event of arrest or surrender before the Court
Patna High Court CR. MISC. No.22137 of 2026(4) dt.08-07-2026
3/3
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount to each to the
satisfaction of the learned Court of ACJM 1st , Nalanda, Bihar
Sharif in connection with Harnaut P.S. Case No.552 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Utkarsh.k/-
U
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