Patna High Court
Rambalak YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) BNS.
Summary
The petitioners, four members of the Yadav family, applied for anticipatory bail fearing arrest in a case (Manpur P.S. Case No. 119 of 2025) involving offences under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNS). They claimed innocence, alleging that the charges stemmed from a prior land dispute and animosity. The State opposed the bail, but the court noted that the informant, an accused in a related case (Manpur P.S. Case No. 120 of 2025), had already been granted anticipatory bail. Considering the parallel nature of the incidents and the lack of evidence of concealment of criminal antecedents, the court was inclined to extend the same relief to the petitioners. The court ordered that, upon arrest or surrender within four weeks, the petitioners be released on bail of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS. The order also directed verification of the petitioners' criminal antecedents and cancellation of bail if concealment is found.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the grant of anticipatory bail to the informant in the related case influences the petitioners' application.
- Whether the petitioners have concealed any criminal antecedents that would warrant cancellation of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- section 438 CrPC
- section 482 BNS
- land dispute
- criminal antecedents
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30630 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- MANPUR District- West Champaran
======================================================
1. Tedhi Yadav @ Dedhi Yadav S/o Bhagat Yadav R/o Village - Bakulahiya,
P.S - Manpur, District - West Champaran
2. Jalsor Yadav S/o Janak Yadav R/o Village - Bakulahiya, P.S - Manpur,
District - West Champaran
3. Sawal Yadav S/o Khedaru Yadav R/o Village - Bakulahiya, P.S - Manpur,
District - West Champaran
4. Vishram Yadav S/o Bhrahmdev Yadav R/o Village - Bakulahiya, P.S -
Manpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 31553 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- MANPUR District- West Champaran
======================================================
Rambalak Yadav S/O Jang Bahadur Yadav R/O Village- Bakulahiya, P.S-
Manpur, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 30630 of 2026)
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the State : Mr.Pawan Kumar Chaurasia
For the Informant Mr. Gauri Shankar Thakur
(In CRIMINAL MISCELLANEOUS No. 31553 of 2026)
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the State Mr.Pawan Kumar Chaurasia
For the Informant Mr. Gauri Shankar Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State, assisted by learned counsel for the
Patna High Court CR. MISC. No.30630 of 2026(2) dt.07-05-2026
2/4
informant.
2. Since both the cases arise out of the same FIR,
they have been heard together, and are being disposed of by this
common order.
3. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 126(2), 115(2), 118(1), 109(1), 303(2), 352 and 351(2)
of the BNS in connection with Manpur P.S Case No. 119 of
2025.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case due to previous land dispute and animosity with
intention to harass the petitioners. There is case and counter case
and both sides received injuries.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Arising out the same incident, the informant’s side
is an accused in Manpur P.S Case No. 120/2025 under Sections
191(2), 191(3), 126(2), 115(2), 118(1), 109(1), 303(2), 352,
351(2) and 76 of the B.N.S lodged by petitioner no. 2 Jalsor
Yadav. This clearly indicates that there was a free-fight between
two sides, which has resulted in injuries to both sides.
Patna High Court CR. MISC. No.30630 of 2026(2) dt.07-05-2026
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Anticipatory bail has already been granted to the informant’s
side in Manpur P.S Case No. 120 of 2025, which has brought
on record by way of Annexure-6 series. Anticipatory bail, in
particular, has been granted to Jitan Yadav, who is the informant
of this case. Under these circumstances, I am inclined to grant
privilege of anticipatory bail to petitioners of both the cases.
7. Let the petitioners of both the cases, as named
above, in the event of their arrest or surrender within four weeks
from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of
the like amount each to the satisfaction learned ACJM 1 st
Bettiah, West Champaran in connection with Manpur P.S.Case
No. 119 of 2025, subject to the conditions laid down under
section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to further condition that :-
(i) the petitioners shall co-operate in the investigation/
trial.
(ii) the learned court below would, however, verify
the criminal antecedents of the petitioners, and in case it is
found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of
Patna High Court CR. MISC. No.30630 of 2026(2) dt.07-05-2026
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bail bonds of the petitioners. However, it is expected that the
verification process would be done expeditiously without
causing any delay.
(Alok Kumar Sinha, J)
HR/-
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