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Patna High Court

Chandradeep Yadav @ Chandradeep Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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