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Patna High Court

Lalu Yadav @ Lal Bihari YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.25317 of 2026(2) dt.22-04-2026
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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
Patna High Court CR. MISC. No.25317 of 2026(2) dt.22-04-2026
                                             3/4




          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
              Patna High Court CR. MISC. No.25317 of 2026(2) dt.22-04-2026
                                                          4/4




                        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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