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Patna High Court

Adhir YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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