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Patna High Court

Vijay YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                         3/3




                       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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