Patna High Court

Raja Kumar Yadav @ Raju Kumar YadavversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Anticipatory bail was granted to the petitioner with conditions of surrender, bail bond, and sureties.

Summary

The petitioner, Raja Kumar Yadav, sought anticipatory bail after being implicated in a police‑station altercation alleged in FIR No. 330 of 2025. He claimed that only four persons were arrested at the scene and that his name was disclosed solely by the co‑accused, making his alleged flight from the police station implausible. The petitioner also highlighted his clean criminal record and the minor nature of injuries sustained. The State opposed the bail, arguing the seriousness of offences listed under Sections 115(2), 132, 121(1), 109, 352, 351(2), 351(3), 333 and 3(5) of the B.N.S. The Court, considering the circumstances, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
Whether the disclosure of the petitioner's name by co‑accused suffices to justify denial of bail.
Whether the nature of injuries and the petitioner's clean record warrant bail despite serious charges.

Legislation cited

B.N.S. — s. 109, 115, 121, 132, 3, 333, 351, 352
Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
Section 438 CrPC
Section 482(2) B.N.S.
police assault
bail conditions
criminal charges

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2907 of 2026
                        Arising Out of PS. Case No.-330 Year-2025 Thana- SISWAN District- Siwan
                 ======================================================
                 Raja Kumar Yadav @ Raju Kumar Yadav son of Mohan Yadav Resident of
                 Village - Kishunbari, ps- Siswan, Dist- Siwan
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gajendra Kumar Singh
                 For the Opposite Party/s :       Mr. Amitesh Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Sections 115(2),

                   132, 121(1), 109, 352, 351(2), 351(3), 333, 3(5) of the B.N.S.

                                3. Allegation in the first information report is that 10

                   to 12 accused persons including the petitioner had entered in the

                   police station and engaged themselves in some physical

                   altercation with the police personnel.

                                4. Learned counsel for the petitioner submits that four

                   persons were arrested at the place of occurrence itself who were

                   engaged in pushing and shoving the police personnel and the

                   name of the petitioner was disclosed by the arrested co-accused

                   persons. It is further submitted that it does not seem to be

                   believable that the petitioner would be able to flee away from
             Patna High Court CR. MISC. No.2907 of 2026(2) dt.28-01-2026
                                                         2/2




                       the police station itself. Further, the injuries sustained in course

                       of incident is also simple in nature and the petitioner has no

                       criminal antecedent.

                                    5.    Learned APP for the State has opposed the

                       application for anticipatory bail.

                                         6. Taking into consideration the facts and

                       circumstances and also considering the fact that the name of the

                       petitioner has transpired in the disclosure made by the arrested

                       accused persons and the injuries are also simple in nature, let the

                       above named petitioner, in the event of his arrest or surrender

                       before the learned Court below within a period of four weeks

                       from today, be enlarged on bail on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) 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 Siswan

                       P.S. Case No. 330 of 2025, subject to the condition as laid down

                       under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
devendra/-

U      T

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