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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

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
                 ======================================================
           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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