Patna High Court
Praveen Kumar Yadav @ Praveen KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Praveen Kumar Yadav, applied for anticipatory bail fearing arrest in a murder case (Baheri P.S. Case No. 54 of 2024) involving offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that the pistol used in the killing belonged to the petitioner and that he was part of a conspiracy, noting that a process under Sections 82 and 83 of the Cr.P.C. had already been issued against him. The petitioner’s counsel argued that he was not the assailant and therefore deserved anticipatory bail. The court, after considering the allegations and the pending criminal process, was not inclined to grant anticipatory bail. Consequently, the application for anticipatory bail was dismissed, and the petitioner was directed to surrender within four weeks and seek regular bail, failing which the police were instructed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the murder charges under Sections 302/34 IPC and Section 27 Arms Act
- Whether the existence of a criminal process under Sections 82 and 83 Cr.P.C. precludes the grant of anticipatory bail
- Whether the alleged ownership of the weapon and alleged conspiracy affect the entitlement to anticipatory bail
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- conspiracy
- Arms Act
- Criminal Procedure Code
- IPC
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70968 of 2024
Arising Out of PS. Case No.-54 Year-2024 Thana- BAHERI District- Darbhanga
======================================================
Praveen Kumar Yadav @ Praveen Kumar S/o Ramdev Yadav R/o Village-
Kumar Ranjit, P.S.- Baheri, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Girish Chandra Jha
For the Opposite Party/s : Mr.Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Baheri P.S. Case No. 54 of 2024 registered for
the offence under Sections 302/34 of the Indian Penal Code and
under Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is
involved in the murder of the deceased.
4. Learned counsel for the petitioner submits that
the petitioner is not the assailant of the deceased and therefore
he may be granted anticipatory bail.
5. Learned counsel for the informant submits that
the pistol, which was used in the killing of the deceased belong
to the petitioner and the petitioner has entered into a conspiracy
Patna High Court CR. MISC. No.70968 of 2024(4) dt.09-02-2026
2/2
for killing the deceased. He further submits that the process
under Section 82 and 83 of the Cr.P.C. has already been issued
against the petitioner and the petitioner does not deserve
anticipatory bail.
6. Considering the allegation against the petitioner,
this Court is not inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, this application for anticipatory
bail is dismissed.
8. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, Vaishali will
take all steps for arrest of the accused person/s including the
petitioner within four weeks.
9. Let a copy of this order this order be
communicated to the Superintendent of Police, Vaishali through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…