Patna High Court
Deepak kumar @ Deepak YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 482(2) of the B.N.S.S.
Summary
The petitioners – four residents of Prem Tola, Safiya Sarai, Munger – filed an anticipatory bail application fearing arrest in connection with Safiasarai P.S. Case No.81 of 2025, which alleges offences under multiple sections of the B.N.S. and the Arms Act. The prosecution alleged that two communal groups exchanged fire, leading to arrests of some persons while others escaped. The petitioners contended they were innocent, had no seized material against them, and cited a similar co‑accused who had been granted bail in Cr. Misc. No.7108 of 2026; they also mentioned a single prior criminal antecedent. The State opposed the bail. After hearing both sides, the Court, applying Section 482(2) of the B.N.S.S., ordered that the petitioners be enlarged on anticipatory bail, subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and the conditions prescribed under the statute.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the B.N.S.S.
- Whether the nature of the alleged offences and the facts justify denial of bail
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
Subjects
- anticipatory bail
- Section 482
- B.N.S.
- Arms Act
- communal violence
- bail conditions
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22479 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Safiyasarai District- Munger
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1. Deepak kumar @ Deepak Yadav Son of Lakhan Yadav @ Lakho yadav R/o
Village - Prem Tola, Farda, P.S. - Safiya Sarai, District - Munger.
2. Bigul Yadav @ Amarjeet Kumar Son of Bablu Yadav R/o Village - Prem
Tola, Farda, P.S. - Safiya Sarai, District - Munger.
3. Vikky Yadav @ Vikram Kumar Son of Bilash Yadav R/o Village - Prem
Tola, Farda, P.S. - Safiya Sarai, District - Munger.
4. Bihari Yadav @ Bihari Kumar Son of Mantu Yadav R/o Village - Prem Tola,
Farda, P.S. - Safiya Sarai, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Jha, Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending their arrest in connection with
Safiasarai P.S. Case No. 81 of 2025 instituted for the offence under
Sections 191(2), 193(3), 190, 126(2), 115(2), 132, 196, 109(1) and
285 of B.N.S. and Sections 30/27 of the Arms Act.
3. The case of the prosecution is that two groups of
people of different communities started firing over each other.
Patna High Court CR. MISC. No.22479 of 2026(2) dt.08-05-2026
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Police has arrested certain persons and others managed to escape.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have falsely been implicated in this
case. From perusal of the FIR, it is clear that the nature of
allegation is general and omnibus. It has further been submitted
that from perusal of the seizure list, it will transpire that recovery
has been made from co-accused Bablu. Nothing has been
recovered from the possession of these petitioners. Similarly
situated co-accused person has been granted bail by learned co-
ordinate Bench of this Court vide Cr. Misc. No. 7108 of 2026. The
case of this petitioner stands on similar footing. Petitioners have
one criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioners on bail. The petitioners are
directed to surrender in the Court below within a period of four
weeks from today and in the event of their arrest or surrender in
connection with Safiasarai P.S. Case No. 81 of 2025, they will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.22479 of 2026(2) dt.08-05-2026
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satisfaction of learned C.J.M., Munger subject to the conditions as
laid down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
Jagdish/-
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