Patna High Court
Chandradeep Yadav @ Chandradeep Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner, subject to bond and surety conditions, and directed verification of his criminal antecedents.
Summary
The petitioner, Chandradeep Yadav, applied for pre‑arrest bail in connection with a FIR alleging that he and co‑accused fired on an informant, causing a neck injury. The FIR listed offences under Sections 126(2), 115(2), 109 and 3(5) of the Bihar Negotiable Statutes (BNS). Counsel for the petitioner argued that the allegation against him was vague and that the specific assault charge pertained only to co‑accused Kishore Pal. The State opposed the bail, contending the seriousness of the offences. After reviewing the FIR and noting the lack of a specific allegation against the petitioner, the Court granted pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNS, and directed the District Court to verify any prior criminal antecedents, with the order lapsing if such antecedents were found. The bail application was disposed of in favour of the petitioner.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the FIR alleging involvement in a shooting incident.
- Whether the allegation against the petitioner is sufficiently specific to deny bail.
- Whether Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS apply to grant bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 3(5), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- pre‑arrest bail
- Criminal Procedure Code
- Bihar Negotiable Statutes
- Section 438 CrPC
- Section 482 BNS
- bail conditions
- criminal antecedent verification
- shooting incident
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43938 of 2026
Arising Out of PS. Case No.-386 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Chandradeep Yadav @ Chandradeep Kumar Yadav S/o Adhiklal Yadav R/O
Village- Bengatole, P.S- Ladaniya, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Advocate.
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Ladaniya P.S. Case No. 386 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109 and 3(5)
of the BNS.
3. As per the allegation made in the F.I.R., the
petitioner along with other co-accused is said to have fired upon
the informant causing him fire arm injury near his neck.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
committed no offence as alleged in the F.I.R. Specific allegation
of assault is against co-accused Kishore Pal who had fired
causing injury on the neck of the informant. The allegation
Patna High Court CR. MISC. No.43938 of 2026(2) dt.08-07-2026
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alleged against the petitioner is not specific rather general and
omnibus.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that specific allegation of assault is
against co-accused Kishore Pal, the petitioner, above named, is
directed to be released on pre-arrest bail, in the event of his
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of learned CJM, Madhubani in connection with
Ladaniya P.S. Case No. 386 of 2025, subject to the condition as
laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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