Patna High Court
Bipin Yadav @ Padra @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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