Patna High Court
Birendra Kumar @ Birendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted bail to the petitioner, holding that the case was false and the petitioner was exonerated by the police investigation.
Summary
The petitioner, Birendra Kumar Yadav, filed an application fearing arrest in connection with Sirdala Police Station Case No. 296 of 2019, which alleged offences under Sections 341, 323, 376, 511, 504 and 506 of the Indian Penal Code. The police investigation concluded that the petitioner's involvement was false and exonerated him along with two other accused, but the magistrate nonetheless took cognizance of the case. The petitioner sought bail to avoid detention while the matter proceeded before the lower court. The High Court examined whether the petitioner's apprehension of arrest was justified despite the magistrate’s cognizance and considered the applicability of Sections 482 and 438(2) of the Code of Criminal Procedure. Finding that the investigation had cleared the petitioner and that the case appeared to be false, the Court allowed the bail application, directing release on a bond of Rs 10,000 with two sureties, subject to the usual conditions. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted to the petitioner despite the magistrate taking cognizance of the case.
- Whether the petitioner's apprehension of arrest is justified in view of the police exoneration.
- Whether Sections 482 and 438(2) of the Code of Criminal Procedure are applicable to grant bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 323, 341, 376, 504, 506, 511
Subjects
- bail
- false case
- exoneration
- Criminal Procedure Code
- Indian Penal Code
- High Court
- magistrate cognizance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74067 of 2025
Arising Out of PS. Case No.-296 Year-2019 Thana- SIRDALA District- Nawada
======================================================
Birendra Kumar @ Birendra Kumar Yadav S/O Late Rameshwar Prasad
Yadav R/O Vill - Pandey Dih, P.S - Sirdala, Dist - Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sulekha Devi Arbind Kumar Ghosh R/o Village- Pandey Dih, P.S.- Sirdala,
District- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the State : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-02-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in connection
with Sirdala P.S. Case No. 296 of 2019 instituted under
Sections 341, 323, 376, 511, 504 and 506 of the Indian Penal
Code.
3. The petitioner is said to have attempted to commit
rape with the victim.
4. The case was investigated and the police has
exonerated the petitioner and other two accused finding the
case to be false. The Magistrate has differed with the final form
and taken cognizance.
Patna High Court CR. MISC. No.74067 of 2025(4) dt.27-02-2026
2/2
5. In view of the above, this application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Nawada/ concerned Court in connection
with Sirdala P.S. Case No. 296 of 2019, subject to the conditions
laid down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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