Patna High Court
Ajay yadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
Anticipatory bail is granted to petitioners Nos. 1, 2 and 4 subject to the conditions stipulated under Section 482(2) of the B.N.S.S.
Summary
The petitioners Ajay Yadav, Durba Devi, Bablu Yadav and Champa Devi applied for anticipatory bail in connection with a criminal case (Halsi P.S. Case No. 287 of 2025) involving offences such as assault, theft of jewellery and alleged outraging of modesty. During the pendency of the application, petitioner No. 3 (Durba Devi) was taken into judicial custody, and the court dismissed that part of the application as infructuous. The prosecution opposed bail, alleging that the overt acts were committed by petitioners No. 1 and No. 2, with a FIR lodged two days after the incident. The court noted that specific allegations of overt acts were directed at Ajay Yadav and Bablu Yadav, and that Bablu Yadav was already in custody. Consequently, the court granted anticipatory bail to petitioners Nos. 1, 2 and 4, subject to a bail bond of Rs 10,000 with two sureties and several conditions under Section 482(2) of the B.N.S.S. The order also required the bail‑granting petitioners to appear before the trial court and refrain from tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under Sections 126(2), 115(2), 352, 109(1), 75, 76, 117(2), 351(2) and 3(5) of the B.N.S. 2023.
- Whether the specific allegation of overt act against the petitioners justifies denial of bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352, 75, 76
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- bail conditions
- assault
- theft
- out‑raging modesty
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25277 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
1. Ajay yadav Son of Dwarika yadav Resident of Mohalla- Ballupur, ps- Halsi,
Dist- Lakhisarai
2. Durba Devi @ Darba devi Wife of Ajay Yadav Resident of Mohalla-
Ballupur, ps- Halsi, Dist- Lakhisarai
3. Bablu yadav Son of Dwarika yadav Resident of Mohalla- Ballupur, ps-
Halsi, Dist- Lakhisarai
4. champa Devi Wife of Bablu yadav Resident of Mohalla- Ballupur, ps- Halsi,
Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayank Bilochan
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. At the outset, learned counsel for the petitioners
submits that during pendency of this application, the petitioner
No. 3 has been taken into judicial custody. Hence he seeks
permission to withdraw this application with regard to the
petitioner No. 3 only.
3. Permission is accorded.
4. Accordingly, this application with regard to the
petitioner No. 3 stands dismissed as infructuous.
Patna High Court CR. MISC. No.25277 of 2026(2) dt.22-04-2026
2/4
5. Rest petitioner Nos. 1, 2 & 4 are apprehending their
arrest in connection with Halsi P.S. Case No. 287 of 2025
registered for the offence punishable under Sections-126(2),
115(2), 352, 109(1), 75, 76, 117(2), 351(2), 3(5) of B.N.S. 2023.
3. As per prosecution case, in course of going to
Sikandra, in the way, near the house of Krishna Yadav, the
accused persons named in the FIR started abusing and
assaulting the informant and his family members and also
snatched the gold ornaments as a result of which, the
informant’s wife got unconscious. The accused persons are also
said to have outraged modesty of his family members.
4. Learned counsel for the petitioner Nos. 1, 2 & 4
has submitted that the allegation of overt act is against the
accused-petitioner No. 2 Bablu Yadav and Ajay Yadav and the
Halsi P.S. Case No. 287 of 2025 petitioner No. 2 Bablu Yadav
has been taken into judicial custody during pendency of this
anticipatory bail application. It is next submitted that allegations
are general and omnibus and both parties are agnates and the
present occurrence took place due to due to an altercation
between the parties due to partition and there is a delay of two
days in lodging the FIR.
Patna High Court CR. MISC. No.25277 of 2026(2) dt.22-04-2026
3/4
5. Learned APP for the State opposes the prayer for
grant of anticipatory bail of the petitioner Nos. 1, 2 & 4.
6. Considering the fact that the specific allegation of
overt act is against the petitioner No. 2 Bablu Yadav and Ajay
Yadav whereas the petitioner No. 2 Bablu Yadav has been taken
into judicial custody during pendency of this application, let the
petitioner Nos. 1, 2 & 4 above named in the event of their arrest
or surrender before the court below within a period of four
weeks be released on anticipatory bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-
Ist Class/concerned court, Lakhisarai in connection with Halsi
P.S. Case No. 287 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be family
member/relative/known of the petitioner Nos. 1, 2 & 4 who
shall provide official document/personal affidavit to show his/hr
bona fide;
(ii) The petitioner Nos. 1, 2 & 4 shall appear before
the trial court on each and every date fixed in the case and if,
his failure to do so on two consecutive dates without plausible
Patna High Court CR. MISC. No.25277 of 2026(2) dt.22-04-2026
4/4
reason, will entail cancellation of their bail bonds by the Trial
Court itself;
(iii) The petitioner Nos. 1, 2 & 4 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 Nos. 1, 2 & 4 shall desist from
committing any criminal offence again, failing which, the State
shall be at liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J)
A.K.V.//-
U T
Checking your session…