Patna High Court
Amlesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, Amlesh Yadav.
Summary
The petitioner, Amlesh Yadav, applied for anticipatory bail after an FIR was lodged under several sections of the Bihar Narcotic Substances (B.N.S) Act, 2023 and Section 27 of the Arms Act, alleging that he and co‑accused Ashish Kumar entered Kabir Math with illegal arms, committed verbal abuse, seized documents and set fire to a vehicle. The petitioner contended that the FIR merely mentioned his name in connection with Ashish Kumar, that no injury was caused to any person, and that his son Ashish had been adopted by the Mahant, absolving him of any involvement. He also highlighted his clean criminal record and willingness to cooperate with the investigation. The State opposed the anticipatory bail. The Court, noting the lack of specific allegations against the petitioner and that the primary thrust of the case was against the co‑accused, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023.
Issues considered
- Whether the petitioner is liable to be arrested in view of the allegations in the FIR.
- Whether anticipatory bail is appropriate under Section 438 of the CrPC and Section 482 of the B.N.S.S, 2023.
- Whether the petitioner’s clean criminal record and lack of direct involvement warrant grant of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 115(2), 126(2), 326(g), 3(5), 351(2), 352
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- Arms Act
- bail bond
- no criminal antecedent
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3406 of 2026
Arising Out of PS. Case No.-925 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Amlesh Yadav Son of Late Yogendra Yadav @ Gogendra Yadav Resident of
Village - Khopaiti, Ward No.- 10, P.S.- Madhepura, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupesh Kumar,Adv.
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Madhepura P.S. Case no.925 of 2025 registered under
section 115(2), 126(2), 326(g), 351(2), 352 and 3(5) of B.N.S,
2023 and Section 27 of Arms Act.
3. Allegations in the F.I.R is that petitioner and co-
accused Ashish Kumar came with illegal arms to the Kabir Math
and co-accused Ashish Kumar indulged in hurling abuse and also
took away some documents from the Math and accused also
damaged a Bolero vehicle by putting it on fire.
4. Learned counsel for the petitioner submits that it
would be evident from the F.I.R itself that the name of the
petitioner has only been taken with regard to coming along with
co-accused Ashish Kumar and in the entire transaction no injury
has been caused to any person. It has also been submitted that
petitioner’s son Ashish Kumar had been adopted by the Mahant
Patna High Court CR. MISC. No.3406 of 2026(2) dt.28-01-2026
2/2
of the said Kabir Math while he was six months old and the
petitioner, thus, had no role to play in his affairs. The petitioner
has no criminal antecedent and undertakes to co-operate in
investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that there is no
specific allegation made against present petitioner coupled with
the fact that thrust of the allegation is against co-accused Ashish
Kumar, it is directed that the petitioner, above named having no
criminal antecedent in the event of his arrest or surrender before
the learned Court below within a period of four weeks, be
released on anticipatory bail in connection with Madhepura P.S.
Case no.925 of 2025 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 concerned where the case
is pending/successor Court, subject to the condition laid down
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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