Patna High Court
Bijali Yadav @ Bijali KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was dismissed.
Summary
The petitioner, Bijali Yadav, sought anticipatory bail fearing arrest in a case (PS Barauli Case No. 75 of 2026) registered under Sections 137(2) and 87 of the Bihar Negotiable Instruments Act. The prosecution alleges that the petitioner, husband of the victim, tortured his wife, who remains missing. During arguments, the petitioner's counsel omitted the fact that the victim is still missing, which the court reprimanded as an unacceptable suppression of material facts. The court warned the counsel to avoid such conduct in the future and indicated possible action for further suppression. Considering the serious allegations and the victim's disappearance, the court held that the case was not suitable for anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged torture and a missing victim.
- Whether the suppression of material facts by counsel affects the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 137(2), 87
Subjects
- anticipatory bail
- suppression of facts
- missing victim
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37781 of 2026
Arising Out of PS. Case No.-75 Year-2026 Thana- BARAULI District- Gopalganj
======================================================
Bijali Yadav @ Bijali Kumar S/o Vidya Yadav Resident of Village - Sonbarsa,
P.S.- Barauli, District- Goplajganj, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gauri Shankar Yadav
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Barauli P.S. Case No. 75 of 2026 registered for the offence
under Sections 137(2)/87 of the BNS.
3. As per the prosecution case, the petitioner, who is
the husband of the victim, is alleged to have tortured the victim
and the victim is still missing.
4. While arguing the case, the counsel for the
petitioner has suppressed the fact that the victim girl is still
missing.
5. This kind of practice is not appreciated by this
Court and the counsel for the petitioner is directed to be
cautious in near future or appropriate action shall be initiated
against him for suppression of facts.
Patna High Court CR. MISC. No.37781 of 2026(2) dt.16-06-2026
2/2
6. In view of the allegations levelled against the
petitioner and the fact that the victim girl is still missing, this
Court does not finds this case fit for grant of anticipatory bail.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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