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Patna High Court

VINOD YADAVversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court permitted the petitioners to seek anticipatory bail, subject to a bail bond, sureties and compliance with Section 438(2) CrPC and Section 482 BNS, contingent on the informant’s support of the settlement.

Summary

The petitioners, members of the Yadav family, feared arrest in connection with a police case (No. 75 of 2026) involving multiple offences under the Bihar Negotiable Sale (BNS) Act. They filed an application for anticipatory bail, asserting that they had reached a settlement with the informant. The court considered the settlement claim and the statutory provisions governing anticipatory bail. It directed the petitioners to approach the lower court for bail and, if the informant supports the compromise, to release them on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNS Act. The order also warned that if the informant does not support the compromise, the lower court would pass appropriate orders.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in view of the alleged settlement
  • Whether the conditions under Section 438(2) CrPC and Section 482 BNS can be imposed

Legislation cited

Subjects

  • anticipatory bail
  • settlement
  • Criminal Procedure
  • Section 438
  • Section 482
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38667 of 2026
                  Arising Out of PS. Case No.-75 Year-2026 Thana- GOPALPUR District- West Champaran
                 ======================================================
           1.     VINOD YADAV S/O MOTAR YADAV R/O VILLAGE-MAGHLAHIYA,
                  PS- GOPALPUR, DISTT-WEST CHAMPARAN
           2.    SUNIL YADAV S/O MOHAR YADAV @ MOTAR YADAV R/O
                 VILLAGE-MAGHLAHIYA,  PS-  GOPALPUR, DISTT-WEST
                 CHAMPARAN
           3.    MANISH YADAV @ Manish Kumar S/O VINOD YADAV R/O VILLAGE-
                 MAGHLAHIYA, PS- GOPALPUR, DISTT-WEST CHAMPARAN
           4.    RAJEEV KUMAR S/O VINOD YADAV R/O VILLAGE-MAGHLAHIYA,
                 PS- GOPALPUR, DISTT-WEST CHAMPARAN
           5.    NAVRAJ KUMAR S/O VINOD KUMAR @ VINOD YADAV R/O
                 VILLAGE-MAGHLAHIYA,  PS-  GOPALPUR,  DISTT-WEST
                 CHAMPARAN
           6.    GAYA YADAV S/O LATE CHINKI YADAV R/O VILLAGE-
                 MAGHLAHIYA, PS- GOPALPUR, DISTT-WEST CHAMPARAN

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajdeep Kumar
                 For the Opposite Party/s :      Mr.Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Gopalpur P.S. Case No. 75 of 2026 registered

                   for the offence under Sections 126(2), 115()2(, 118(1), 109, 76,

                   303(2), 351(2), 352, 3(5) of the BNS.

                                   3. Relying on Annexure III of the bail application,
          Patna High Court CR. MISC. No.38667 of 2026(2) dt.17-06-2026
                                                      2/2




                    learned counsel for the petitioner has submitted that the parties

                    have entered into settlement.

                                    4. In view of the above, this application is disposed

                    of with a liberty to the petitioner to move the concerned Court

                    below for bail and if the informant supports the compromise, the

                    petitioners shall be released on anticipatory bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the concerned Court

                    below in connection with Gopalpur P.S. Case No. 75 of 2026,

                    subject to the conditions laid down in Section 438(2) of the

                    Code of Criminal Procedure, 1973 / Section 482 of the BNSS. It

                    is made clear that if the informant does not supports the

                    compromise then appropriate orders shall be passed by the

                    Court below.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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