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Patna High Court

Sarvan Yadav @ Sarvan Kumar @ Shravan Yadav @ Shravan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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          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
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                     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


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