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Patna High Court

Govardhan Yadav @ Govadhan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.44228 of 2026(2) dt.08-07-2026
                                            3/4




          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.
              Patna High Court CR. MISC. No.44228 of 2026(2) dt.08-07-2026
                                                          4/4




                                     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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