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Patna High Court

Bijali Yadav @ Bijali KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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