Patna High Court
Lalu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application with conditions.
Summary
Lalu Yadav applied for anticipatory bail anticipating arrest in a case involving offences under Sections 190, 191(1-3), 352, 351(2), 109 of the B.N.S. and Section 27 of the Arms Act. The FIR named five accused but did not name the petitioner; his name later appeared only in a confessional statement of another accused, which the petitioner argued lacks evidentiary value. He asserted that no one was injured and the alleged firing was vague, and he pledged cooperation with the investigation despite having two prior cases. The State opposed the bail. The Court, considering these submissions, granted anticipatory bail on the condition of a Rs. 25,000 bond, two sureties (one being his father), and compliance with Section 482(2) of the B.N.S.S., with a provision for cancellation if he fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted despite the petitioner’s alleged involvement based solely on a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal cases warrant denial of bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- Arms Act
- confessional statement
- prior criminal record
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70816 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
Lalu Yadav S/O Hari Yadav Resident of Village- Megha, Police Station-
Keoti, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 190, 191(1), 191(2), 191(3), 352, 351(2) and 109 of the
B.N.S. and Section 27 of the Arms Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and the informant
alleges that on 09.07.2025 at 3.00 P.M., the informant was
sleeping in his newly constructed house, when eight accused
persons on four motorcycles came and asked about Pappu from
the people present there, when no reply was given, they started
firing but informant managed to save himself.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.70816 of 2025(2) dt.11-02-2026
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from perusal of the FIR, it would manifest that five accused
persons are named in the FIR, but then, petitioner is not named
and his name transpired during the course of investigation in the
confessional statement of Vishal Kumar Yadav in police
custody, which does not have any evidentiary value. It is also
submitted that even presuming what has been alleged is true
without admitting, then no one was injured in the occurrence
and the allegation of firing is also general and omnibus in
nature. It is next submitted that since petitioner has antecedent
of two cases, as such, police got him implicated through Vishal.
It is also submitted that petitioner will not abscond rather will
cooperate in the investigation to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks, is
directed to be released on bail on his furnishing bail-bonds in
the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Keoti P. S. Case No.173 of 2025, subject to the
Patna High Court CR. MISC. No.70816 of 2025(2) dt.11-02-2026
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conditions laid down under Section 482(2) of the B.N.S.S. with
a further condition that one of the bailors of the petitioner shall
be his father, namely, Hari Yadav.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation or is not presenting himself as and when required,
the learned trial Court shall be at liberty to cancel the bail bonds
of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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