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Patna High Court

Anandi YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.

Summary

The petitioners, Anandi Yadav, Dangal Yadav and Shobha Devi, applied for anticipatory bail fearing arrest in Nawada P.S. Case No. 540 of 2025, which is registered under Section 140(3) of the Bharatiya Nyaya Sanhita. The prosecution alleged that they are relatives of the main accused, Chandan Kumar, and could be implicated in the offence. The petitioners contended that they are innocent, with only one having a prior criminal record, and that they have been falsely implicated. The State, represented by the informant and the APP, opposed the bail on grounds of the seriousness of the charge. The Court, after considering the submissions, allowed the anticipatory bail application, directing that the petitioners be released on bail if arrested within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 of the Code of Criminal Procedure in view of the allegations under Section 140(3) of the Bharatiya Nyaya Sanhita.
  • Whether the petitioners are likely to abscond, tamper with evidence or influence witnesses, warranting denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 140(3) BNSS
  • Section 438 CrPC
  • Section 482 BNSS
  • criminal procedure
  • bail conditions
  • relatives of accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.56009 of 2025
                       Arising Out of PS. Case No.-540 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
           1.     Anandi Yadav S/o- Dangal Yadav @ Dangal Prasad Yadav Village- Pranpur
                  Ps- Muffasil Dist-Nawada
           2.    Dangal Yadav @ Dangal Prasad Yadav S/o- Keshar Yadav Village- Pranpur
                 Ps- Muffasil Dist-Nawada
           3.    Shobha Devi W/o- Anandi Yadav Village- Pranpur Ps- Muffasil Dist-
                 Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Abdul Mannan Khan, Advocate
                                                   Mr.Nihal Beg, Advocate
                 For the State              :      Mr.Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-02-2026                          Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.

                                    2. The petitioners apprehend their arrest in

                   connection with Nawada P.S. Case No. 540 of 2025 registered

                   for the offence under Section 140(3) of Bharatiya Nyaya

                   Sanhita.

                                    3.      As per the prosecution case, petitioners are

                   relatives of one Chandan Kumar who was in relationship with

                   the victim girl.

                                        4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have
              Patna High Court CR. MISC. No.56009 of 2025(4) dt.20-02-2026
                                                          2/2




                        falsely been implicated in this case. It is next submitted that

                        petitioners are only relatives of the main accused. Petitioner no.

                        1 has one criminal antecedent and petitioner nos. 2 and 3 have

                        clean antecedent.

                                         5. Learned counsel for the informant and learned

                        A.P.P. for the State have jointly opposed the prayer for

                        anticipatory bail of the petitioners.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioners, above named, in the event of

                        their arrest or surrender before the concerned Court below

                        within four weeks from today, be released on bail on furnishing

                        bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

                        of the like amount each to the satisfaction of the learned Chief

                        Judicial Magistrate, Nawada/ concerned Court below in

                        connection with Nawada P.S. Case No. 540 of 2025, subject to

                        the conditions laid down in Section 438(2) of the Code of

                        Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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