Patna High Court
Chandan Yadav @ Chandan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners sought anticipatory bail fearing arrest in a case (Khanpur P.S. Case No.22 of 2025) alleging participation in a Tiranga rally that allegedly caused inconvenience to passengers and ambulances. The FIR charges them under several sections of the Bharatiya Nyaya Sanhita, including offences relating to unlawful assembly, rioting, and assault. The petitioners contended that no such incident occurred, they were falsely implicated, and cited a prior order granting anticipatory bail to co‑accused in a similar matter. The State opposed the bail. Considering the petitioners' claim of innocence, lack of substantive evidence, and the precedent of the coordinate bench, the Court exercised its power under Section 482(2) BNSS to grant anticipatory bail with specific conditions, including bond, sureties, and compliance directives.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the allegations and the precedent of a similar bail order.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 121(1), 121(2), 126(2), 132, 190, 191(2), 223, 292, 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- political rally
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22317 of 2026
Arising Out of PS. Case No.-22 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
1. Chandan Yadav @ Chandan Kumar Yadav S/O Birij Mohan Yadav Resident
of Vill.- Bandhar, Ward No. 5, P.s.- Hathouri, Dist.- Samastipur
2. Sumit Kumar Jha S/O Kishan Kumar Jha @ Kiran Kumar Jha R/O Vill.-
Balaha, Ward no. 10, P.S.- Rosera, Dist.- Samastipur.
3. Ajit Kumar S/O Sarvan Lal R/O Vill.- Suga Ramoul, Balaha Ward no. 14,
P.S.- Rosera, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioners apprehends their arrest in
connection with Khanpur P.S. Case No.22 of 2025 registered for
the offence punishable under Sections 191(2), 190, 126(2), 223,
132, 121(2), 121(1), 352 and 292 of the Bharatiya Nyaya
Sanhita.
3. As per the FIR, the prosecution case states that a
police officer, Manoj Kumar Singh, received secret information
Patna High Court CR. MISC. No.22317 of 2026(2) dt.16-04-2026
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about a Tiranga Rally led by Vikash Yadav, involving 400–500
people, which caused inconvenience to passengers and
ambulances. Upon reaching the spot with police personnel, local
persons and a chowkidar identified several individuals,
including Vikash Yadav and others, along with many unknown
participants, as being involved in the rally.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and has been falsely implicated in this
case. No such occurrence, in the manner alleged, has ever taken
place. Except for the allegations, nothing is on record to
substantiate the allegations levelled against these petitioners. He
further submits that the petitioners undertakes not to indulge in
any similar offence in the near future and that, upon verification,
if it is found that the allegations are true, liberty may be granted
to the State officials to take steps for cancellation of the bail
bonds. He further submits that, for similar allegations, the co-
accused persons have already been granted anticipatory bail by
a coordinate Bench of this Court vide order dated 27.08.2025
passed in Cr. Misc. No. 56579 of 2025. Lastly, it is submitted
that the petitioner No.1 has no criminal antecedent, petitioner
No.2 has three criminal antecedent and petitioner No.3 has two
criminal antecedent.
Patna High Court CR. MISC. No.22317 of 2026(2) dt.16-04-2026
3/4
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners are innocent and no such occurrence in the
manner alleged has ever taken place and similarly situated co-
accused persons have already been granted anticipatory bail by
a coordinate Bench of this Court vide order dated 27.08.2025
passed in Cr. Misc. No. 56579 of 2025 . Accordingly, this Court
is inclined to grant the privilege of anticipatory bail to the
petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate- 1st, Samastipur in connection
with Khanpur P.S. Case No.22 of 2025 subject to the conditions
as laid down under Section 482(2) of the BNSS as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
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(ii) the petitioner(s) 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/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any
similar criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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