Patna High Court
Anandi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 140(3), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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