Patna High Court
Randhir Yadav @ Randhir KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- HARISH KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Randhir Yadav, was named in a 2016 FIR (Sirdala PS Case No. 264) for a range of offences under the Indian Penal Code, the Arms Act and the Unlawful Activities (Prevention) Act. He applied for anticipatory bail, claiming he resides in another district and was unaware of the allegations, asserting that the prosecution’s case is baseless. The State opposed the bail, highlighting the petitioner’s two prior criminal records and the nine‑year delay in seeking relief. The Court examined the delay, the seriousness of the charges and the petitioner’s antecedents, and concluded that the circumstances did not warrant anticipatory bail. Consequently, the application for anticipatory bail was rejected, though the Court indicated that regular bail could be considered if the petitioner surrenders.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nine‑year delay in filing the application and his prior criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 323, 341, 379, 387, 427, 436, 504, 506
- Unlawful Activities (Prevention) Act — s. 15, 18, 19, 20
Subjects
- anticipatory bail
- delay
- criminal antecedent
- UAPA
- IPC offences
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2806 of 2026
Arising Out of PS. Case No.-264 Year-2016 Thana- SIRDALA District- Nawada
======================================================
Randhir Yadav @ Randhir Kumar S/O Sukhdev Yadav R/O Village-
Kanaundi, P.S- Wazirganj, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vibhuti Ranjan Sonvadra
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Sirdala P.S. Case No. 264 of 2016, registered for the
offences punishable under Sections 147, 148, 149, 341, 323,
379, 427, 436, 504, 506, 387 of the Indian Penal Code, 27 of the
Arms Act and Sections 15, 18, 19, 20 of the Unlawful Activities
(Prevention) Act.
3. The petitioner is said to be one of the members of
moist extremist groups engaged in demanding levy for
construction of a railway bridge. It is further alleged that
extremists came to the construction site and assaulted the
Patna High Court CR. MISC. No.2806 of 2026(2) dt.04-02-2026
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persons who were engaged in the construction of railway bridge.
In course of assault and arson, the extremists were calling out
each other’s name, on the basis of which the present FIR came
to be instituted against 63 named accused persons, including the
petitioner.
4. Learned Advocate for the petitioner submitted that
since the petitioner has been living in another district for the
purpose of earning his livelihood and was not acquainted with
the implication of his name in the present case, the delay has
occurred. However, the entire story appears to be palpably
incorrect and based upon no material.
5. On the other hand, learned Advocate for the State
vehemently opposes the bail application and submits that
besides the petitioner is carrying two criminal antecedents, the
present FIR came to be instituted in the year 2016 and the
petitioner has approached this Court after nine years.
6. Having considered the submissions set forth by the
learned Advocates for the respective parties and taking note of
the delay in approaching this Court, coupled with his criminal
antecedent, this Court is not acceded to the prayer for grant of
anticipatory bail of the petitioner. Accordingly the same stands
rejected.
Patna High Court CR. MISC. No.2806 of 2026(2) dt.04-02-2026
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7. However, if the petitioner surrenders and seeks
regular bail, the court below shall consider the same without
being prejudiced by the order of this Court.
(Harish Kumar, J)
Anjani/-
U T
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