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Patna High Court

Dilip YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Dilip Yadav, applied for anticipatory bail after being named in an FIR for offences under Sections 191(2), 191(3), 190, 308(2), 308(5), 303(2), 109, 352 of the Bihar Negotiable Substances Act, 2023 and Section 27 of the Arms Act. He argued that the allegations were vague, that he had been falsely implicated, and pointed to the grant of anticipatory bail to a co‑accused, Prabhu Yadav, as a precedent. The State opposed, highlighting Yadav’s antecedent of seven cases, the seriousness of the alleged loot, firing and extortion, and the risk of him absconding. The court noted that the petitioner’s case was not analogous to the earlier bail granted to Bindeshwari Yadav and found the allegations sufficiently specific. Consequently, the court refused the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious allegations and his criminal antecedent.
  • Whether the FIR allegations are sufficiently specific to deny bail.
  • Whether the grant of anticipatory bail to other co‑accused is determinative for the petitioner’s case.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • false implication
  • criminal antecedent
  • Arms Act
  • Sections 191, 190, 308, 303, 109, 352
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69632 of 2025
                      Arising Out of PS. Case No.-195 Year-2024 Thana- KHARIK District- Bhagalpur
                 ======================================================
                 Dilip Yadav S/o Late Buchchi Yadav R/o vill - Lattipur, P.s. - Bihpur, Distt.-
                 Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kharik P.S. Case No.195/2024, registered for the offence

                   punishable under Sections 191(2), 191(3), 190, 308(2), 308(5),

                   303(2), 109, 352 of the B.N.S., 2023 and Section 27 of the Arms

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases but then petitioner was

                   acquitted in six cases and the informant alleges that a group of

                   armed criminals committed loot in multiple shops at Lattipur

                   crossing, including that in the shop of the informant and

                   terrorized the area by firing 20-25 rounds and also threatened

                   the shopkeepers to pay extortion money of Rs.10,000/- each or
Patna High Court CR. MISC. No.69632 of 2025(2) dt.10-02-2026
                                            2/3




          face arson.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          allegation against the petitioner is general and omnibus in

          nature. It is also submitted that since petitioner has antecedent,

          as such he came to be implicated. earlier also in similar manner,

          petitioner was implicated. It is next submitted that petitioner is

          not a criminal and similarly situated co-accused Prabhu Yadav

          was granted the privilege of anticipatory bail by an order dated

          25.07.2025 by a learned Coordinate Bench.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that petitioner was

          implicated in seven cases and allegation is of committing loot in

          the shop of the informant and persons similarly situated and

          allegation of firing is also there for terrorizing the shopkeepers.

          It is further submitted that petitioner is named in the FIR and

          investigation in the case is continuing and if the privilege of

          anticipatory bail is granted, the petitioner may abscond.

                       6. Learned counsel for the petitioner submits that co-

          accused Bindeshwari Yadav had approached this Court seeking
             Patna High Court CR. MISC. No.69632 of 2025(2) dt.10-02-2026
                                                         3/3




                       anticipatory bail by filing Cr. Misc. No. 66648 of 2025 and the

                       same came to be allowed by an order dated 10.02.2026, on

                       which, the learned APP submits that the case of the petitioner is

                       not akin to the case of Bindeshwari Yadav.

                                    7. Considering the submissions made by the learned

                       APP, the Court is not inclined to extend the privilege of

                       anticipatory bail to the petitioner.

                                    8. The anticipatory bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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