Patna High Court
Lal Bihari YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that, in the absence of any specific allegation that the petitioner participated in the firing, anticipatory bail must be granted, following the precedent of Lalu Yadav.
Summary
The petitioner, Lal Bihari Yadav, sought anticipatory bail after an FIR was lodged under Sections 109 and 3(5) of the Bhartiya Nayay Sanhita, 2023 and Section 27 of the Arms Act, alleging he was present when firearms were discharged. The prosecution argued that he had multiple criminal antecedents and was named by Vishal Yadav in a confessional statement, though no specific allegation of firing was made against him. The petitioner contended that his inclusion was false and pointed to a similar case where Lalu Yadav was granted anticipatory bail. The court noted that, like Lalu Yadav, the petitioner was not directly implicated in the act of firing and therefore was eligible for bail. Consequently, the court granted anticipatory bail subject to stringent conditions under Section 438(2) of the Cr.P.C., including surety, regular appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to a person with multiple criminal antecedents who is merely named in a confessional statement but not alleged to have fired the weapon.
- Whether the precedent of granting bail in Cr. Misc. No. 83162 of 2025 (Lalu Yadav) is applicable to the present case.
- Whether the charges under Sections 109, 3(5) of the Bhartiya Nayay Sanhita and Section 27 of the Arms Act justify denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nayay Sanhita, 2023 — s. 109, 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- criminal antecedents
- Arms Act
- Bhartiya Nayay Sanhita
- Section 438 Cr.P.C.
- confessional statement
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75762 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Lal Bihari Yadav S/O Late Sajgir Yadav R/O Village- Ranipur, P.S- Sadar,
Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate
Mr.Girish Chandra Jha, Advocate
Mr. Ashish, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-02-2026 Heard Mr. Devendra Kumar Sinha, learned Senior
Counsel for the petitioner and Mr. Bharat Bhushan, learned APP
for the State.
2. The petitioner is apprehending arrest in connection
with Sadar P.S. Case No. 218 of 2025 instituted under Sections
109, 3(5) of the Bhartiya Nayay Sanhita, 2023 and section 27 of
the Arms Act lodged on 05.07.2025 by the informant, Manish
Kumar.
3. As per the prosecution story, the informant alleged
that as he was going for his duty and was having tea near his
house, the accused persons in two-three motorcycles came and
opened fire. He anyhow saved himself and could identify Vishal
Yadav and Vickey Yadav. The reason is the reliazation of tax
Patna High Court CR. MISC. No.75762 of 2025(3) dt.24-02-2026
2/4
from the bus depot and he had seen them illegally realizing the
tax from the said place. This led to the FIR.
4. Learned Senior Counsel for the petitioner submits
that only because he has multiple criminal antecedents, has been
falsely implicated in the case. The fact remains that though in
the said occurrence, Vishal Yadav has named him in the
confessional statement of the accused, no role has been
attributed to him save and except his presence. The categorical
submission is that opening of fire has not been attributed to him
either.
5. The last submission is that Lalu Yadav who also
has criminal antecedents has been granted relief in Cr. Misc.
No. 83162 of 2025 by a coordinate bench of this Court.
6. Learned APP Mr. Bharat Bhushan opposes the
prayer submitting that he has multiple criminal antecedents and
the person whom the petitioner identified has also named him.
7. Considering the submissions of the parties, though
he has multiple criminal antecedent, the role of firing has not
been attributed to him and similar situate, Lalu Yadav has been
granted relief, as recorded above, in that background, this Court
is inclined to extend him by the accused who made the
confessional statement the privilege of anticipatory bail.
Patna High Court CR. MISC. No.75762 of 2025(3) dt.24-02-2026
3/4
8. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Sadar P.S. Case No.
218 of 2025 to the satisfaction of learned C.J.M., Darbhanga
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next one year to mark his
attendance and at the end of the period a certificate be submitted
Patna High Court CR. MISC. No.75762 of 2025(3) dt.24-02-2026
4/4
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.