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Patna High Court

Bipin Yadav @ Padra @ Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

Bipin Yadav applied for anticipatory bail in a case registered under Sections 126(2), 115(2), 109, 352, 351(2)(3), 3(5) of the B.N.S. and Section 27 of the Arms Act, alleging that he was falsely implicated in an assault and firing incident involving the informant's husband. The informant claimed that Yadav and an associate fired five rounds at her house and assaulted her husband and grandmother over a payment dispute. Yadav contended that the allegations were exaggerated, that he was merely the brother of the actual accused (Mintu), and that he would cooperate with the investigation. The State opposed the anticipatory bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail on the condition of furnishing bail bonds of Rs. 25,000 with two sureties and compliance with Section 482(2) of the B.N.S.S., while reserving the right to cancel bail if Yadav fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged offences under the B.N.S. and Arms Act.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or not cooperating with the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • firearms
  • Section 27 Arms Act
  • Section 482 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77996 of 2025
                  Arising Out of PS. Case No.-257 Year-2024 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
                 Bipin Yadav @ Padra @ Raushan Kumar S/O Shivji Yadav R/O Village-
                 Chandrachak, thana, P.S- Nimchak Bathani, District- Gaya Ji.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Syed Asgher Najmi
                                                Mr. Ashutosh Kumar Mishra
                 For the Opposite Party/s :     Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 115(2), 109, 352, 351(2)(3) and 3(5) of the

                   B.N.S. and Section 27 of the Arms Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases and the informant

                   alleges that on 30.11.2024 at 6.30 P.M., her husband had gone to

                   the house of Mintu seeking payment in lieu of the soil, but

                   payment was not made and Mintu along with petitioner

                   assaulted her husband thereafter petitioner and Dharmendra

                   came to her house and fired five rounds and pushed her
Patna High Court CR. MISC. No.77996 of 2025(2) dt.05-01-2026
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          grandmother.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that her husband had gone to the house of

          Mintu for seeking his payment in lieu of the soil, but the

          payment was not made and Mintu along with petitioner

          assaulted her husband. It is submitted that petitioner is brother

          of Mintu and thus came to be implicated when dispute of

          informant’s husband with regard to payment was with Mintu. It

          is also submitted that there is allegation against the petitioner

          and Dharmendra that they fired five rounds in front of the house

          of the informant and pushed her grandmother, but then, the said

          allegation is exaggerated allegation. It is further submitted that it

          was informant who had given an empty cartridge to the police

          when allegation is of firing of five rounds. It is further submitted

          that even injury suffered by the husband of the informant on

          account of assault has been opined to be simple in nature and

          there is no specific allegation against the petitioner of assaulting

          the husband of the informant. It is also submitted that petitioner

          will not abscond rather will cooperate in the investigation to
Patna High Court CR. MISC. No.77996 of 2025(2) dt.05-01-2026
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          prove his innocence.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail

          on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees

          Twenty Five Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the case

          is pending/successor Court in connection with Neemchak

          Bathani P. S. Case No.257 of 2024, subject to the conditions laid

          down under Section 482(2) of the B.N.S.S.

                       7. The application stands allowed.

                       8. However, it is made clear that in the event, if any

          application is filed by the Investigating Officer before the

          learned trial Court bringing to its notice that petitioner, despite

          giving assurance to this Court, is not cooperating in the

          investigation or is not presenting himself as and when required,

          the learned trial Court shall be at liberty to cancel the bail bonds

          of the petitioner after recording reasons.

                       9. Let a copy of this order be sent to the concerned
               Patna High Court CR. MISC. No.77996 of 2025(2) dt.05-01-2026
                                                           4/4




                         Police Station through the learned trial Court.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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