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Patna High Court

Deepak kumar @ Deepak YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                 ======================================================
           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
                                            2/3




          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
                                                        3/3




                      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/-

U       T


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