Patna High Court
Bilas Yadav @ Vilash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners with conditions under Section 438(2) of the Criminal Procedure Code.
Summary
Bilas Yadav and Ranjeet Kumar, sons of Feku Yadav, applied for anticipatory bail fearing arrest in a case (Raniganj P.S. Case No. 26 of 2026) alleging forgery of a "kewala" prepared by their father in 1962 and submitted for mutation in 2025. The prosecution charged them under sections 338, 336(3), 340(2), 61(2) and 3(5) of the Bihar Negotiable Instruments Act. The petitioners argued that the alleged offence pertained solely to their father, who was not alive at the time of the alleged act, and that they should not be implicated. The State opposed the grant of anticipatory bail. The Court, noting that the main allegation was against the father and that the matter related to events of 1962, granted anticipatory bail subject to conditions under Section 438(2) of the Criminal Procedure Code, requiring a bail bond of Rs.10,000 each with two sureties and compliance with several behavioural conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C.
- Whether the petitioners can be held liable for a forgery allegedly committed by their father in 1962.
- Whether the evidence alleged by the prosecution is sufficient to deny anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 336(3), 338, 340(2), 3(5), 61(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- forgery
- Section 438 Cr.P.C.
- bail conditions
- family liability
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37715 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- RANIGANJ District- Araria
======================================================
1. Bilas Yadav @ Vilash Yadav S/o Feku Yadav Resident of Village - Bagulaha,
Ward No.-3, P.S.- Raniganj, District - Araria.
2. Ranjeet Kumar @ Sanjeev Kumar S/o Feku Yadav Resident of Village -
Bagulaha, Ward No.-3, P.S.- Raniganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Adv.
Mr. Md. Danish Quamar, Adv.
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard Mr. Mritunjay Kumar, learned Counsel for
the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Raniganj P.S. Case No. 26 of 2026 for the offence registered
under sections 338, 336(3), 340(2), 61(2), 3(5) of BNS.
3. As per the prosecution story, the informant alleged
that Feku Yadav prepared a forged kewala in the year 1962 and
later, in the year 2025, it was submitted for mutation. Upon
suspicion and on the advice of the local Circle Officer, the FIR.
4. Learned Counsel for the petitioners submit that
allegation of forged kewala is against Feku Yadav who is father
of the two petitioners, they were not even born in the year 1962
Patna High Court CR. MISC. No.37715 of 2026(2) dt.01-07-2026
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but only because they belong to the same family, got implicated.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail.
6. Taking into account the submissions aforesaid as
also that the veracity of the document can be considered by a
Competent Court, main allegation is against Feku Yadav, these
two petitioners are his son, the matter relates to the year 1962, in
that background, this Court is inclined to grant them the
anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-1,
Araria in connection with Raniganj P.S. Case No. 26 of 2026
subject to condition as laid down under Section 438(2) of the
Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
Patna High Court CR. MISC. No.37715 of 2026(2) dt.01-07-2026
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before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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