Patna High Court
VINOD YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Sale (BNS) Act — s. 482
- Criminal Procedure Code — s. 438(2)
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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