Patna High Court
Aryan Yadav @ Tarkeshwar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
No coercive action shall be taken against the petitioner until further orders, and the case shall be re‑notified after receipt of the case diary.
Summary
The petitioner, Aryan Yadav, was implicated in a FIR alleging offences under several sections of the BNS. He applied for relief, arguing that no injury was caused and that co‑accused had already been granted anticipatory bail. The court examined the nature of the allegations and ordered that the case diary be produced and the case be re‑notified after its receipt. It further directed that no coercive action be taken against the petitioner pending further orders. The order effectively stayed any immediate action against the petitioner while the procedural requirements were fulfilled.
Issues considered
- Whether coercive action can be taken against the petitioner before the case diary is produced
- Whether the grant of anticipatory bail to co‑accused affects the petitioner's claim for relief
Legislation cited
- BNS — s. 109, 115(2), 126(2), 303(2), 324(5), 34, 351(2)
Subjects
- anticipatory bail
- coercive action
- criminal miscellaneous application
- case diary
- stay of proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70404 of 2025
Arising Out of PS. Case No.-360 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
Aryan Yadav @ Tarkeshwar Kumar Son of Teras Ray R/o Village - Bardahia,
P.S. - Marhowrah, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh, Adv.
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 08-10-2025 Heard the learned counsel for the parties.
2. Considering the nature of allegation made in the
F.I.R, call for the legible upto date xerox copy of the case diary
in connection with Chapra Town P.S. Case No. 360/2025
instituted for the offences under Sections 126(2). 115(2). 109,
303(2), 324 (5), 351(2) and 34 of the BNS, from the court of
learned Chief Judicial Magistrate, Saran at Chapra.
3. Re-notify this case immediately after receipt of the
case diary on 06.11.2025.
4. Taking note of the submissions of learned Advocate
for the petitioner that in the alleged incident no injury has been
sustained to any of the persons and the other co-accused persons
have been allowed the privilege of anticipatory bail in Cr. Misc.
No. 70220/2025, besides the fair antecedent of the petitioner, in
Patna High Court CR. MISC. No.70404 of 2025(2) dt.08-10-2025
2/2
the meantime, there shall be no coercive action against the
petitioner till further orders.
(Harish Kumar, J)
sunilkumar/-
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