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Patna High Court

Sunny Deval yadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail petition was rejected as the petitioner was an absconder and the investigation under Section 83 CrPC had concluded.

Summary

The petitioner, Sunny Deval Yadav, was named in an FIR for murder, culpable homicide, conspiracy and abetment (IPC §§302, 201, 120(B), 34) and sought anticipatory bail. He argued that he has a clean antecedent, that co‑accused had been granted bail, and that the FIR only alleged he called the victim’s grandson to the crime scene. The State opposed bail, contending that the petitioner was the sole accused for the crucial act, that he has been absconding for two and a half years, and that the investigation under CrPC §83 had already concluded, citing the Supreme Court decision in Srikant Upadhyay v. State of Bihar (2024). The Court held that the petitioner’s absconding status and the completion of the §83 inquiry rendered the anticipatory bail petition untenable. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted when the accused is absconding and the investigation under CrPC Section 83 has been completed.
  • Whether the Supreme Court precedent in Srikant Upadhyay v. State of Bihar bars anticipatory bail in such circumstances.
  • Whether the allegations in the FIR are sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • absconding
  • murder
  • IPC
  • CrPC Section 83
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70660 of 2025
                     Arising Out of PS. Case No.-515 Year-2022 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Sunny Deval yadav son of Ganesh Ray @ Ganesh Yadav Resident Of Vill-
                 Agarwa Ps- Jitna Dist -East Champaran
                                                                       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prateek Tandon, Adv.
                 For the Opposite Party/s :      Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Ghorasahan

                   P.S. Case No. 515 of 2022 registered for the offences

                   punishable under Sections 302,201,120(B),34 of IPC.

                                3. As per FIR, petitioner alongwith other named

                   co-accused persons committed murder of grandson of

                   informant by inflicting knife injuries.

                                4. It is submitted by learned counsel appearing

                   on behalf of the petitioner that the maximum allegation

                   as per FIR which is available against this petitioner is to

                   call grandson of the informant from his home. It is
Patna High Court CR. MISC. No.70660 of 2025(3) dt.11-02-2026
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          submitted that other co-accused persons namely, Hiralal

          Rai and Vijay Kumar @ Vijay Rai who found in gathering

          near to dead body were granted anticipatory bail by a Co-

          ordinate Bench of this Hon’ble Court through Cr. Misc.

          No. 30596 of 2025 dated 21.05.2025. It is submitted

          that police submitted disclosure report qua co-accused

          namely, Hiralal Rai, Vijay Kumar, Pradeep Kumar and

          Jitendra Kumar but learned Jurisdictional Magistrate

          taking different view took cognizance against them. It is

          submitted that in view of aforesaid petitioner being a man

          of clean antecedent deserves anticipatory bail as no

          purpose of justice shall be served by sending this

          petitioner behind bar.

                       5. Learned APP while opposing the prayer of bail

          submitted that none of the other named co-accused

          persons except this petitioner was involved in calling

          grandson of informant from his home. It is submitted that

          FIR specifically alleged that this petitioner only called the

          grandson of the informant from his home. It is pointed
            Patna High Court CR. MISC. No.70660 of 2025(3) dt.11-02-2026
                                                        3/3




                      out that moreover, proceedings under Section 83 of

                      Cr.P.C. already completed against this petitioner, who is

                      absconding since lodging of FIR since last two and half

                      years. In connection of aforesaid learned APP drawn

                      attention towards para no. 116 of case diary. The prayer

                      of anticipatory bail petition is not maintainable in view of

                      legal report of Hon’ble Supreme Court as available

                      through Srikant Upadhyay and Others Vs. State of

                      Bihar, 2024 SCC OnLine SC 282.

                                    6. In view of aforesaid as petitioner appears

                      absconder as process under Section 83 of Cr.P.C.

                      concluded against him, coupled with the fact that he

                      appears absconder for last two and half years,

                      accordingly, the prayer for anticipatory bail of this

                      petitioner stands rejected.



                                                              (Chandra Shekhar Jha, J)
Sudha/-
U       T


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