Patna High Court
Sarvan Yadav @ Sarvan Kumar @ Shravan Yadav @ Shravan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioners, Sarvan Yadav and Dipu Yadav, were named in FIR No. 686 of 2024 for alleged assault, unlawful assembly and other offences under the B.N.S., 2023. They contended that the allegations were fabricated and that the injury report did not support the charges. The State opposed anticipatory bail, noting the petitioners' involvement in three other cases, though they were on bail. The Court examined whether the circumstances warranted anticipatory bail under Section 438(2) of the CrPC. Considering the petitioners' claim of false implication and lack of conclusive evidence, the Court granted anticipatory bail subject to strict conditions, including cooperation with the trial and verification of criminal antecedents. The order directed the petitioners to furnish a bail bond of Rs.10,000 with two sureties and comply with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the CrPC.
- Whether the allegations in the FIR constitute sufficient ground to deny bail.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 75(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- false implication
- unlawful assembly
- assault
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63490 of 2025
Arising Out of PS. Case No.-686 Year-2024 Thana- HISUWA District- Nawada
======================================================
1. Sarvan Yadav @ Sarvan Kumar @ Shravan Yadav @ Shravan Kumar Son of
Late Viswnath Yadav Resident of Village- Khanpur Police Station- Hisua
District- Nawada
2. Dipu Yadav @ Sumit Kumar son of Late Viswnath Yadav Resident of
Village- Khanpur Police Station- Hisua District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 13-02-2026 Heard Mr. Nilendu Kumar Choudhary, learned
counsel for the petitioners and Mr. Dr. Ajeet Kumar, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Hisua P.S. Case No. 686 of 2024, FIR dated
17.11.2024 registered for the offence punishable under Sections
126(2), 115(2), 117(2), 303(2), 109(1), 75(2) and 3(5) of B.N.S.,
2023.
3. As per FIR, on 16.11.2024 at about 6:00 P.M. all
the F.I.R. named accused persons, forming an unlawful
assembly and being armed with iron rods, sharp weapons and
sticks, in furtherance of their common object and intention to
Patna High Court CR. MISC. No.63490 of 2025(4) dt.13-02-2026
2/4
kill, forcibly entered the house of the informant Rajkumar. Due
to previous enmity arising out of suspicion that the informant
had informed the police regarding seizure of their vehicle
engaged in illegal sand business, the accused persons brutally
assaulted the informant’s elder brother, Mani Yadav. Sarwan
Yadav (petitioner no. 1) first struck Mani Yadav on the head and
forehead with an iron rod causing grievous head injuries.
Thereafter, Bablu Yadav and Deepu Yadav (petitioner no. 2)
repeatedly assaulted him with iron rods and sharp weapons,
resulting in deep cut wounds, fracture injuries and loss of
consciousness. It is also alleged that accused persons tried to
outrage the modesty of the informant's sister-in-law. During the
occurrence, Pushpa Devi dishonestly snatched a gold chain
worth approximately Rs. 71,000/- from the informant’s purse.
4. Learned counsel appearing for the petitioners
submits that the petitioners have falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioners have not committed any offence as
alleged in the FIR. It appears from the F.I.R. itself, that due to
some petty dispute, the present occurrence took place. There is
case and counter case between the parties. Although there is
specific allegation against the petitioners that they have
Patna High Court CR. MISC. No.63490 of 2025(4) dt.13-02-2026
3/4
assaulted to the brother of the informant namely, Mani Yadav
but the injury report of the brother of the informant doesn't
support the allegations as alleged in the F.I.R.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for
anticipatory bail of the petitioners and submit that both the
petitioners carry three more cases other than the present case,
but fairly submits that they are on bail in all the cases, as
mentioned in para-3 of the anticipatory bail petition.
6. Considering the aforesaid facts, let the petitioners,
above named, in the event of his arrest or surrender before the
Court below within a period of thirty days from the date of
receipt of the order, be released on bail on furnishing bail bond
of Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Nawada in connection with Hisua P.S. Case No. 686
of 2024, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure with the following
conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.63490 of 2025(4) dt.13-02-2026
4/4
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, 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.
(Rajesh Kumar Verma, J)
Ankit Kumar/-
U T
Checking your session…