Patna High Court
Vishun Yadav @ Vishundeo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court held that anticipatory bail should be granted to the petitioners as there were no specific allegations against them and their mere presence in the village could not justify arrest.
Summary
The petitioners, a 70‑year‑old father and his two sons, sought anticipatory bail after being implicated in a FIR (Fatehpur P.S. Case No. 565 of 2025) for offences under the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that the police were assaulted while attempting to arrest a third person, Ajay Kumar, and the petitioners were falsely implicated. The petitioners argued that mere presence in the village could not constitute a basis for their arrest and that there were no specific allegations against them. The State opposed the bail, contending that the charges were serious. The Court, noting the lack of specific allegations and the petitioners’ advanced age, exercised its discretion under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita to grant anticipatory bail, subject to conditions. The order emphasized that the observations were prima facie and would not affect the trial’s merits.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the allegations in the FIR.
- Whether mere presence in the village and alleged false implication suffice to justify denial of bail.
- Whether the Court can exercise its inherent powers under Section 482 of the Bharatiya Nagarik Suraksha Sanhita to grant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 132, 190, 191(2), 191(3)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- Bharatiya Nyaya Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29638 of 2026
Arising Out of PS. Case No.-565 Year-2025 Thana- FATEHPUR District- Gaya
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1. Vishun Yadav @ Vishundeo Yadav S/o Late Rewat Yadav R/o Village -
Barki Kuhri, P.S - Fatehpur, District - Gaya
2. Vinay Yadav @ Brajesh Kumar S/o Vishun Yadav @ Vishundeo Yadav R/o
Village - Barki Kuhri, P.S - Fatehpur, District - Gaya
3. Sanjay Yadav @ Hari Yadav S/o Vishun Yadav @ Vishundeo Yadav R/o
Village - Barki Kuhri, P.S - Fatehpur, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Fatehpur P.S. Case No. 565 of 2025 registered for
the offences punishable under Sections 190, 191(2), 191(3), 126(2),
115(2), 117(2), 109 and 132 of the Bharatiya Nyaya Sanhita, 2023.
3. The petitioner is aged about 70 years. It is stated in the
F.I.R. that the police went to the house of one Ajay Kumar to arrest
him in a pending case and the villagers assaulted and prevented them
from discharging their duties.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and have falsely been implicated in the present
case. Petitioner No. 1 is the father and Petitioner Nos. 2 and 3 are his
son.
Patna High Court CR. MISC. No.29638 of 2026(3) dt.13-05-2026
2/2
5. Learned APP for the State has vehemently opposed the
prayer for anticipatory bail of the petitioners.
6. Considering their presence in the village cannot be a
ground for their implication and there is specific allegation against
them. Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of his/her
arrest or surrender before the Court below within a period of thirty
days from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S.
Case No. 565 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
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.
(Ansul, J)
abhishekkr/-
U T
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