Patna High Court
Govardhan Yadav @ Govadhan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petitioners' prayer for anticipatory bail, subject to specified conditions.
Summary
The petitioners Govardhan Yadav, Darogi Yadav and Wakil Yadav sought anticipatory bail fearing arrest in connection with FIR No.27/2026 alleging robbery and assault under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused entered the informant's house, seized control of the husband, and stole Rs.100,000 and gold ornaments. The petitioners contended that the case was fabricated to retaliate against an earlier FIR (Case No.26/2026) lodged against the informant, noting that no incriminating material was recovered and that they have a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. After considering the submissions, the court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita, emphasizing that the order’s observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged.
- Whether the allegations of a false and concocted FIR affect the grant of bail.
- Applicability of Section 438(2) CrPC and Section 482(2) Bharatiya Nyaya Sanhita in granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 329(4), 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- false FIR
- robbery
- theft
- high court order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44228 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- MOHANPUR District- Jamui
======================================================
1. Govardhan Yadav @ Govadhan Yadav S/O Late Chhakkan Yadav R/o Vill.-
Kadwakura, P.S.- Mohanpur, District- Jamui
2. Darogi Yadav S/o Govardhan Yadav @ Govadhan Yadav R/o Vill.-
Kadwakura, P.S.- Mohanpur, District- Jamui
3. Wakil Yadav @ Vakil Yadav S/o Govardhan Yadav @ Govadhan Yadav R/o
Vill.- Kadwakura, P.S.- Mohanpur, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Prakash, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehends their arrest in connection
with Mohanpur P.S. Case No. 27 of 2026 registered for the
offences under Sections 126(2), 115(2), 329(4), 109(1), 303(2),
3(5) of Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that the named accused persons, including the
petitioners, entered the house of the informant and at the point
of a pistol, they first took control over the husband of the
informant and thereafter, they took away cash of Rs.100,000/-
Patna High Court CR. MISC. No.44228 of 2026(2) dt.08-07-2026
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along with gold ornaments.
4. Learned counsel for the petitioner submits that the
present case is based on a false and concocted story which has
been cooked up only to save himself from the FIR lodged on
behalf of the petitioner being Mohanpur P.S. Case No.26 of
2026, lodged prior to the present FIR. It has further been
submitted that it was the informant and others against whom
said FIR was lodged and only to counter from the said case, the
present concocted case has been lodged alleging loot, however,
no incriminating article has been recovered from the house of
the petitioners. It has next been submitted that it is on account of
the fact that a dispute erupted with regard to passage that the
incident had taken place and because of the same, the petitioners
and others have falsely been implicated in this case. It has lastly
been submitted that the petitioners carry 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
petitioners 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
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bonds of Rs.10,000/-(ten thousand) each 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
Mohanpur P.S. Case No. 27 of 2026, 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.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall be their
close relative.
(ii) The petitioners 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
petitioners will be liable to be cancelled by the Court
concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the criminal
antecedents of the petitioners and in case at any stage it
is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
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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/-
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