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Patna High Court

Gulab YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, subject to bond and surety conditions and compliance with Section 482(2).

Summary

Gulab Yadav applied for anticipatory bail in a case alleging his involvement in a dacoity plan involving firearms, with charges under Sections 310(4), 310(5), 132 of the B.N.S. and Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act. The police raid recovered cartridges and arrested three co‑accused, who allegedly disclosed that Yadav fled the scene. Yadav's counsel argued that the informant’s case rests solely on a confession made by a co‑accused in police custody, which lacks evidentiary value, and that Yadav was not present at the location. The counsel also highlighted that the other accused had already been granted regular bail. The court, after considering the submissions, granted anticipatory bail on the condition of a Rs 50,000 bond with two sureties and compliance with Section 482(2) of the B.N.S.S., reserving the right of the trial court to cancel bail if Yadav fails to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and the evidence.
  • Whether a confession made by a co‑accused in police custody can be used to justify the petitioner’s arrest.
  • Whether the prior granting of bail to co‑accused influences the decision on anticipatory bail for the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • arms act
  • dacoity
  • confession
  • false implication
  • bail conditions
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79151 of 2025
                    Arising Out of PS. Case No.-152 Year-2025 Thana- RAMGARH District- Lakhisarai
                 ======================================================
                 Gulab Yadav S/O Late Nago Yadav @ Nageshwar Yadav R/O Village-
                 Pachena, P.S and Distt.- Lakhisarai.
                                                                     ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Parmanand Pd. Nr. Sahi
                 For the Opposite Party/s :       Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-01-2026                  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

                   310(4), 310(5), 132 of the B.N.S. and Sections 25(1-B)a, 26, 27

                   and 35 of the Arms Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases and the informant

                   alleges that he received a secret information that accused persons

                   including the petitioner have assembled at village- Bihorara with

                   firearm with an intent to commit dacoity. Accordingly, the force

                   reached the place of occurrence when accused persons started

                   fleeing on seeing the police, but Chandan, Krishn Mohan and

                   Vinay were arrested and from possession of Chandan, two empty

                   cartridges were recovered apart from other articles. Further, 13

                   cartridges were also recovered from the Machan where the
Patna High Court CR. MISC. No.79151 of 2025(2) dt.06-01-2026
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          accused were sitting and the apprehended accused disclosed that

          petitioner had fled from the place of occurrence.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant based on confessional statement of Chandan in police

          custody, which does not have any evidentiary value. It is also

          submitted that petitioner was not even present at the place of

          occurrence, but since he carries two antecedent, as such, he came

          to be implicated by the police. It is further submitted that Chandan

          Kumar, Binay Yadav and Krishna Mohan Kumar had approached

          this Court seeking regular bail by filing Cr. Misc. No.78291 of

          2025, Cr. Misc. No.83058 of 2025 and Cr. Misc. No.87904 of

          2025 and the same came to be allowed by an order dated

          03.12.2025, 10.12.2025 and 22.12.2025 respectively passed by the

          learned Coordinate Bench. It is thus submitted that persons in

          whose confession the name of the petitioner transpired have been

          released on regular bail, as such, no useful purpose would be

          served by sending the petitioner to jail. It is also submitted that

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

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

          application.

                       6. Considering the submissions made by the learned
               Patna High Court CR. MISC. No.79151 of 2025(2) dt.06-01-2026
                                                           3/3




                         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. 50,000/- (Rupees Fifty

                         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 Ramgarh Chowk P. S.

                         Case No.152 of 2025, 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

                         Police Station through the learned trial Court.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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