Patna High Court
Vivek Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted; the application was dismissed.
Summary
Vivek Kumar Yadav applied for anticipatory bail fearing arrest in a case of motorcycle looting under Section 309(4) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner was implicated through a self‑incriminating statement of a co‑accused. The petitioner claimed innocence, while the State opposed bail. The court noted that the petitioner has four prior criminal antecedents of a similar nature and held that these factors made the case unsuitable for anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was ordered to surrender within four weeks and seek regular bail, failing which the police would arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita in view of the co‑accused’s statement.
- Whether the petitioner’s four prior similar criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 309(4)
Subjects
- anticipatory bail
- Section 309
- looting
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38131 of 2025
Arising Out of PS. Case No.-242 Year-2024 Thana- BARAUNI RAIL P.S. District- Begusarai
======================================================
Vivek Kumar Yadav S/o Vimal Yadav R/o Village- Devara, ward no. 03, Bela,
P.S.- Babubarhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Barauni G.R. P.S. Case No. 242 of 2024 instituted under
Section 309(4)of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, one motorcycle was
looted by unknown criminals.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. The name of the petitioner has come in the self-
inculpatory statement of the co-accused.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and that the
Patna High Court CR. MISC. No.38131 of 2025(3) dt.10-03-2026
2/2
petitioner has four criminal antecedents of similar nature, this
is not a fit case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Begusarai will take all steps for arrest
of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Begusarai through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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