Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to Vijay Yadav subject to conditions, finding no sufficient ground to deny the privilege.
Summary
Vijay Yadav applied for anticipatory bail fearing arrest in a case (PS No.14/2025) alleging his participation in an unlawful assembly that assaulted police executing a warrant. The prosecution alleged his involvement in multiple offences under sections 190, 191(2), 191(3), 115(2), 117(2), 118(1), 109, 262, 263(a), 132, 121(1), 121(2), 352 and 351(2) of the Bihar Penal Code. The petitioner argued that the FIR named many persons, did not allege any overt act by him, and that he had no criminal antecedent, citing a similar anticipatory bail order granted to Triveni Yadav in Cr. Misc. No. 14039 of 2025. The State opposed, contending that the petitioner obstructed police duties and should not receive bail. The Court, noting the clean antecedent and the precedent, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and specific conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged participation in an unlawful assembly.
- Whether the absence of a specific overt act allegation in the FIR justifies granting anticipatory bail.
- Whether the precedent of anticipatory bail granted to a similarly situated co-accused is applicable.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 117(2), 118(1), 121(1), 121(2), 132, 190, 191(2), 191(3), 262, 263(a), 351(2), 352
Subjects
- anticipatory bail
- unlawful assembly
- police assault
- FIR
- clean antecedent
- bail conditions
- Section 438 CrPC
- Section 482 BNSS
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23721 of 2026
Arising Out of PS. Case No.-14 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Vijay Yadav Son of Shivaji Yadav Resident of Village- Saidnagar, Abhanda
Dumduma, P.S.- Laheriasarai, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Das, Adv.
For the Opposite Party/s : Ms.Anita Kumari, 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 petitioner is apprehending his arrest in
connection with Laheriasarai P.S. Case No. 14 of 2025 for the
offence punishable under sections 190, 191(2), 191(3), 115(2),
117(2), 118(1), 109, 262, 263(a), 132, 121(1), 121(2), 352,
351(2) of the BNS lodged on 04.01.2025 by the informant.
3. As per the prosecution case, the petitioner is said to
be one of the members of unlawful assembly to assault the
police who had gone to execute the warrant of arrest of co-
accused, Jitendra Kumar. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that
the FIR has been lodged against fifteen named and 100-150
unknown persons and there is no allegation of any overt-act
against the petitioner. It has next been submitted that a similarly
Patna High Court CR. MISC. No.23721 of 2026(2) dt.16-04-2026
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situated person, namely, Triveni Yadav @ Triveni Kumar has
been granted anticipatory bail in Cr. Misc. No. 14039 of 2025
by the Co-ordinate Bench of this Court. The petitioner has got
no criminal antecedent.
5. Learned APP opposes the prayer for anticipatory
bail by submitting that the police officials were prevented to
execute his duties, the petitioner does not deserve the privilege
of anticipatory bail.
6. Considering the nature of allegation and the
petitioner is said to be one of the members of unlawful
assembly, one of the similarly situated co-accused, namely,
Triveni Yadav @ Triveni Kumar has been granted anticipatory
bail in Cr. Misc. No. 14039 of 2025 by the Co-ordinate Bench
of this Court and this petitioner has got clean antecedent, this
Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Darbhanga in connection with aforesaid PS Case, subject to the
conditions as laid down under Section 482(2) of the BNSS as
Patna High Court CR. MISC. No.23721 of 2026(2) dt.16-04-2026
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well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(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/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 criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
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