Patna High Court
Kedar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to conditions prescribed under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, Kedar Yadav and Vikash Yadav, sought anticipatory bail fearing arrest in a FIR (Kajra P.S. Case No. 97 of 2025) filed under Sections 126(2), 115(2), 351, 352, 190, 191(2) of the Bhartiya Nayay Sanhita, 2023 and Section 27 of the Arms Act. The FIR alleged that the petitioners opened fire at an informant’s cattle enclosure, though no one was injured, and the informant’s motive was linked to a 2017 murder of his nephew by a relative. The petitioners argued they have no prior criminal record and cited a similar case (Foso Yadav, Cr. Misc. No. 90906 of 2025) where anticipatory bail was granted. The State opposed the relief, contending the petitioners’ role was evident in the FIR. The Court, noting the lack of injury, the petitioners’ clean record, and the precedent, granted anticipatory bail under Section 438(2) of the Cr.P.C. with detailed conditions, including bond, sureties, regular appearances, and non‑interference with witnesses.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations in the FIR
- Whether the facts disclosed justify denial of bail on grounds of seriousness or likelihood of tampering with evidence
- Whether the precedent of Foso Yadav (Cr. Misc. No. 90906 of 2025) is applicable to the present petition
Legislation cited
- Arms Act — s. 27
- Bhartiya Nayay Sanhita, 2023 — s. 115(2), 126(2), 190, 191(2), 351, 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bhartiya Nayay Sanhita
- Arms Act
- bail conditions
- precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75774 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- KAJRA District- Lakhisarai
======================================================
1. Kedar Yadav Son of Late Kamal Yadav R/O Village - Basuhar, P.S.- Kajra,
District - Lakhisarai
2. Vikash Yadav Son of Late Kapil Yadav R/O Village - Basuhar, P.S.- Kajra,
District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra, Advocate
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-02-2026 Heard Mr.Ravish Mishra, learned counsel for the
petitioners and the State.
2. The petitioners are apprehending arrest in
connection with Kajra P.S. Case No. 97 of 2025 instituted under
Sections 126(2), 115(2), 351, 352, 190, 191(2) of the Bhartiya
Nayay Sanhita, 2023 and section 27 of the Arms Act lodged on
30.07.2025 by the informant, Naresh Yadav.
3. As per the prosecution story, the informant alleged
that while he was sitting at his cattle encloser, the accused
persons came there opened fire as also abused. As he opened the
window to witness the same, Chhotu Yadav and others opened
fire which however, did not hit.
Patna High Court CR. MISC. No.75774 of 2025(3) dt.24-02-2026
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4. The allegation is that in the year 2017, his nephew
was murdered by Chhotu Yadav and remained in jail for some
time. This led to the FIR.
5. Learned counsel for the petitioners submit that
though allegation of firing has been made, no one was injured
and only to implicate all the family members have rounded up.
Further, they do not have criminal antecedent and the last
submission is that similar situate Foso Yadav has been extended
relief in Cr. Misc. No. 90906 of 2025 by a coordinate bench of
this Court on 24.02.2026.
6. Learned APP opposes the prayer submitting that the
role has also come in the FIR.
7. Taking into the submissions of the parties as also
that the similar situate Foso Yadav has been extended relief, as
recorded above, in that background, this Court is inclined to
extend them the privilege of anticipatory bail.
8. Let the petitioners be released on bail, in the event
of their 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) each with two sureties
of the like amount each in connection with Kajra P.S. Case No.
97 of 2025 to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.75774 of 2025(3) dt.24-02-2026
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Magistrate, Lakhisarai 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 petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) The petitioners shall be appearing before the
police station as and when required for cooperating in the
investigation;
(iii) the petitioners 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 their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioners 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;
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(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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