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Patna High Court

Kedar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            3/4




          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;
             Patna High Court CR. MISC. No.75774 of 2025(3) dt.24-02-2026
                                                         4/4




                                    (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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