Patna High Court

Surendar YadavversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners subject to bond, sureties, and conditions under Section 438(2) CrPC and Section 482.

Summary

The petitioners, three residents of Malin Belha, sought anticipatory bail fearing arrest in a case registered under multiple IPC offences relating to a mob disturbance at polling booths. The prosecution alleged that a crowd of 400‑500 persons created a disturbance, prevented the removal of an EVM, and assaulted police, but the petitioners were not named in the FIR, facing only a general allegation. Thirteen co‑accused had already been granted anticipatory bail by the same court. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the petitioners' clean antecedents and the lack of specific naming in the FIR, ordered that they be released on bail upon surrender within six weeks, subject to a bail bond of Rs.10,000 and two sureties, and conditions under Section 438(2) CrPC and Section 482 of the B.N.S.S.

Issues considered

Whether anticipatory bail can be granted when petitioners are not specifically named in the FIR but face general allegations.
Whether the seriousness of the alleged offences under the IPC precludes the grant of anticipatory bail.
Whether conditions under Section 438(2) CrPC and Section 482 are applicable.

Legislation cited

B.N.S.S. — s. 482
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 147, 149, 188, 307, 323, 332, 333, 341, 342, 353, 379, 427, 447, 504, 506

Subjects

anticipatory bail
mob violence
IPC offences
bail conditions
CrPC Section 438
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4488 of 2026
                     Arising Out of PS. Case No.-315 Year-2021 Thana- LAUKAHA District- Madhubani
                 ======================================================
           1.     Surendar Yadav S/O Yogendra Yadav R/O Village- Malin Belha, PS-
                  Laukaha (Lalmaniya O.P.), District- Madhubani
           2.    Sri Prasad Yadav S/O Munga Lal Yadav R/O Village- Malin Belha, PS-
                 Laukaha (Lalmaniya O.P.), District- Madhubani
           3.    Bhuwneshwar Yadav S/O Ramdeo Yadav R/O Village- Malin Belha, PS-
                 Laukaha (Lalmaniya O.P.), District- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jitendra Kumar Bharti
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 147, 149, 188, 447,

                   341, 342, 323, 332, 333, 353, 307, 427, 379, 504, 506 of the

                   Indian Penal Code.

                                3. As per the prosecution case, a mob of about 400-

                   500 people created disturbance at Booth Nos. 53 & 54 and also

                   not allowed to move away the E.V.M. machine and assaulted the

                   police party.

                                4. Petitioners are not named in the F.I.R. There is
             Patna High Court CR. MISC. No.4488 of 2026(2) dt.11-02-2026
                                                         2/2




                       general and omnibus allegation against these petitioners.

                       Similarly situated 13 other co-accused persons have already

                       been granted anticipatory bail by this Court, vide orders

                       contained in Annexure P/2 series to bail petition. Petitioners

                       claim clean antecedent.

                                    5. Learned A.P.P. for the State has opposed the bail

                       petition.

                                    6. Considering the aforesaid facts and circumstances,

                       let the above named petitioners, in the event of their

                       arrest/surrender within a period of six weeks from today, be

                       enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                       thousand) each with two sureties of the like amount each to the

                       satisfaction of learned S.D.J.M., Madhubani in connection with

                       Laukaha (Lalmaniya) P.S. Case No. 315 of 2021 corresponding

                       to G.R. Case No. 1667 of 2021, subject to condition as laid

                       down under Section 438(2) of the Cr.P.C./Section 482 of the

                       B.N.S.S.



                                             (Prabhat Kumar Singh, J)
anay/-

U        T

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