Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that anticipatory bail is to be granted to the petitioner, subject to the conditions imposed.
Summary
The petitioner, Vijay Yadav, sought anticipatory bail fearing arrest in a case (Khiri More PS Case No. 132 of 2025) involving offences under Sections 281, 125(a), 109, 132 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for rash and negligent driving that injured police personnel. The FIR named only the vehicle (a Scorpio, Reg. No. UP 16AP 2954) and not the driver; during investigation the vehicle owner alleged that the petitioner was the driver, which the petitioner denied, claiming false implication and asserting a clean antecedent. The State opposed the bail. The High Court, after considering the facts and submissions, granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the Bharatiya Nyaya Sanhita, subject to specific conditions including surety, personal presence in court, and verification of antecedents. The order clarified that any observations made would not affect the trial. The bail was to be effective for four weeks from the order date.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations of rash driving and his claim of false implication.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 125(a), 132, 281, 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- rash driving
- false implication
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38834 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- KHIRI MORE District- Patna
======================================================
Vijay Yadav, S/O Shabha Nand Yadav, R/o- Jitan Chhapra, P.S.- Rani Talab
Distt- Patna. A/P Indrapuri Road No.- 1, P.S- Sukhdeo Nagar , Dist- Ranchi,
Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Khiri More P.S. Case No. 132 of 2025 registered for the
offences under Sections 281, 125(a), 109, 132, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the FIR, an allegation of rash and negligent
driving was made, which caused injury to the police personnel
on duty. The FIR was lodged against unknown and only the
name of the vehicle, which was found to be a Scorpio vehicle
bearing Reg. No. UP 16AP 2954, was mentioned.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and his name has transpired
Patna High Court CR. MISC. No.38834 of 2026(2) dt.17-06-2026
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during the course of the investigation, wherein the owner of the
vehicle had stated that the petitioner was the driver of the said
vehicle. It has further been submitted that the petitioner had no
concern whatsoever and in fact, he has falsely been implicated
by the owner of the vehicle to save his own skin and of his son.
It has next been submitted that the petitioner was never the
driver of the vehicle and he was also not driving the vehicle at
the relevant time. It has lastly been submitted that the petitioner
has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Khiri More P.S. Case No. 132 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
Patna High Court CR. MISC. No.38834 of 2026(2) dt.17-06-2026
3/3
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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