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Patna High Court

Chandan Yadav @ Chandan Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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;
           Patna High Court CR. MISC. No.22317 of 2026(2) dt.16-04-2026
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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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