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Patna High Court

Birendra Kumar @ Birendra Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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