Patna High Court
Lalu Yadav @ Lal Bihari YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to a cash bond and strict conditions.
Summary
The petitioners, Lalu Yadav and Pradeep Kumar, were implicated in a Magadh University police case alleging assault and related offences under several sections of the B.N.S. The prosecution alleged that the accused attacked an informant and his brother with weapons, causing injuries and theft of jewellery. The petitioners claimed innocence, asserting that the injuries were minor, they have clean antecedents, and the case is politically motivated. They sought anticipatory bail, offering an undertaking to maintain peace and comply with court conditions. The State opposed the bail. Considering the minor nature of injuries, the grant of anticipatory bail to a co-accused, and the petitioners' clean record, the court ordered anticipatory bail with a Rs.10,000 bond and specific conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the alleged offences under the B.N.S.
- Whether the nature of injuries and the petitioners' antecedents justify bail
- Whether the conditions imposed are sufficient to prevent tampering with evidence or further offences
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- criminal procedure
- B.N.S.
- assault
- clean antecedent
- bail conditions
- political motivation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25317 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
1. Lalu Yadav @ Lal Bihari Yadav S/o Dayal Yadav R/o Village- Mahaudipur,
P.S.- Magadh University, District- Gaya
2. Pradeep Kumar @ Pradeep Yadav S/o Lalu Yadav @ Lal Bihari Yadav R/o
Village- Mahaudipur, P.S.- Magadh University, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Kant Mishra, Adv.
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Magadh University P.S. Case No. 190 of 2025
dated 23.08.2025 registered for the offence punishable under
Sections 126(2), 352, 351(2), 115(2), 109(1), 117(2), 74, 303(2),
3(5) of the B.N.S.
3. As per prosecution case, on 27.08.2025 at about 10:00
A.M., the informant and his brother reached their field and
found the accused persons uprooting paddy. When they
objected, the accused abused and threatened them. Accused Lal
Bihari Yadav assaulted the informant on the head with an iron
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rod, and Pradeep Yadav assaulted his brother with a farsa,
causing serious injuries. Other accused also assaulted them with
various weapons, resulting in fracture to the informant’s hand
and multiple injuries to his brother. The informant’s mother was
also assaulted and her gold ornament was snatched. Thereafter,
the accused fled away from there, giving threats to kill.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case due to village party politics. He further submits that
the though there is an allegation against the petitioners of
assaulting the Informant and his brother but, the injuries caused
upon them are found to be simple in nature. It is next submitted
that the co-accused Sandeep Yadav @ Sandeep Kumar has
already been granted privilege of anticipatory bail by a Co-
ordinate Bench of this Court vide order dated 08.04.2026 passed
in Cr. Misc. No. 18986 of 2026. Counsel for the petitioners
further undertakes that the petitioners will maintain peace and
harmony with the Informant and in case of there being any
allegation of committing the similar offence and, on finding
substance in such allegation, the police or the Informant will be
at liberty to take recourse for cancellation of the bail bonds of
the petitioners. It is lastly submitted that the petitioners are
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persons of clean antecedent.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the petitioners and
considering that the injuries caused to the informant and his
brother are simple in nature, the co-accused has already been
granted the privilege of anticipatory bail by a coordinate Bench
of this Court, the petitioners have clean antecedents and, as also,
the undertaking having been given by counsel for the
petitioners, let the above named petitioners, be released on bail,
in the event of their arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Gaya Ji in connection with Magadh
University P.S. Case No. 190 of 2025, subject to the conditions
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 the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
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before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bonds 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 their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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