Patna High Court
Baiju Yadav @ Baijhnath YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court denied anticipatory bail to the petitioner.
Summary
Petitioner Baiju Yadav sought anticipatory bail after learning that he was likely to be arrested in a case registered under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the BNS. He contended that he has a clean record and that the informant’s version falsely implicated him; the informant alleged that Baiju and his uncle were intercepted, that Baiju caught his uncle, and that Raju stabbed the uncle and later assaulted the informant. The petitioner argued that even if the facts were true, the stabbing was attributed to Raju, not him. The State, through its A.P.P., countered that Baiju’s presence at the scene encouraged Raju’s act and that the investigation is ongoing. After considering the submissions, the Court was not persuaded to grant anticipatory bail and rejected the petitioner's prayer. Consequently, the petitioner remains liable to be arrested in the pending case.
Issues considered
- Whether anticipatory bail should be granted to Baiju Yadav in the case registered under the specified sections of the BNS.
Legislation cited
- Bihar Negotiable (BNS) — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- false implication
- criminal procedure
- BNS sections
- pre‑arrest relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39935 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- VIJAYEPUR District- Gopalganj
======================================================
Baiju Yadav @ Baijhnath Yadav Son of Ramchandra Yadav Resident of
Village- Kapardhika, P.S.- Kateya, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhuresh Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 352, 351(2) and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he along with his uncle Anil were coming back
home from the market on motorcycle when they were
intercepted by the accused persons including the petitioner near
Bakaniya Crossing and petitioner caught his uncle and Raju
stabbed him causing injury on stomach and thereafter Raju also
assaulted the informant by knife who tried to save his uncle
causing injury on stomach.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.39935 of 2026(2) dt.30-06-2026
2/2
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that even presuming what has
been alleged is true without admitting then the petitioner is not
alleged to have stabbed Anil and the informant, rather specific
allegation of stabbing the injured is against Raju.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that no doubt,
specific allegation of stabbing Anil and the informant is against
Raju but then petitioner is alleged to have caught Anil and his
presence at the place of occurrence emboldened Raju to commit
the occurrence of stabbing and the investigation of the case is
continuing.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner in connection with
Vijaipur P.S. Case No. 36 of 2026 pending in the Court of
learned Additional Chief Judicial Magistrate-VI,
Gopalganj/Successor Court.
7. Hence, the prayer for anticipatory bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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