Patna High Court

Rajeev yadav @ Rajeev Kumar YadavversusThe State of Bihar

Decided: 6 May 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, three residents of Samastipur, sought anticipatory bail fearing arrest in a dowry‑death case (PS Case No. 37 of 2024) alleged under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed they killed the deceased to demand dowry, while the petitioners asserted innocence, noting that the police investigation had produced a final report exonerating them, which the magistrate nonetheless ignored and took cognizance of. The State opposed the bail. After considering the allegations, the police report, and the nature of the offences, the High Court allowed the anticipatory bail, directing the petitioners to surrender within four weeks and to furnish bail bonds of Rs 10,000 each with two sureties. The Court clarified that its observations were prima facie and not a determination on the merits of the case.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023.
Whether the magistrate erred in taking cognizance despite the exonerating police final report.
Whether the offences alleged constitute non‑bailable offences warranting denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 80(2)

Subjects

anticipatory bail
dowry death
Bharatiya Nyaya Sanhita
non-bailable offence
bail bond
magistrate cognizance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25439 of 2026
                   Arising Out of PS. Case No.-37 Year-2024 Thana- LARJHAGHAT District- Samastipur
                 ======================================================
           1.     Rajeev yadav @ Rajeev Kumar Yadav Son of Vishnudeo Yadav Resident of
                  Fuhiya PS -Larjhaghat District -Samastipur
           2.    Chandan Yadav @ Chandan Kumar son of Ram Bilash Yadav Resident of
                 Fuhiya PS -Larjhaghat District -Samastipur
           3.     Raj Babbar Yadav @ Raj Babbar Kumar Son of Chhabbu Yadav Resident of
                  Village- Karanchi, Ps- Bithan, Dist- Samastipur
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjit Kumar Yadav
                 For the Opposite Party/s :      Mr. Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Larjhaghat P.S. Case No. 37 of 2024 registered for offences

                   under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the accused persons

                   are said to have killed the deceased for demand of dowry.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are quite innocent and have not committed any

                   offence. It is further submitted that after investigation, the

                   police submitted a final form exonerating the petitioners, and

                   thereafter, the learned Magistrate differed with the final form

                   and has taken cognizance.
            Patna High Court CR. MISC. No.25439 of 2026(2) dt.06-05-2026
                                                        2/2




                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Having considered the facts and circumstances of

                      the case, the nature of allegations and the submissions made on

                      behalf of the parties, this application for anticipatory bail is

                      allowed.

                                   7. Accordingly, let the petitioners, above-named, in

                      the event of their arrest or surrender within four weeks from

                      today in the Court below, be released on bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) each with two

                      sureties of the like amount each to the satisfaction of the

                      learned Court below where the case is pending/successor court

                      in connection with Larjhaghat P.S. Case No. 37 of 2024.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T

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