Patna High Court

Birendra Yadav @ Sew YadavversusThe State of Bihar

Decided: 6 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that, given the serious nature of the offences and the risk of the petitioner evading the law, anticipatory bail must be refused.

Summary

The petitioner, Birendra Yadav, sought anticipatory bail after being implicated in a FIR for alleged misbehaviour with police and fleeing with a seized tractor. The charges stem from offences under Sections 191(2), 191(3), 192, 115(2), 303(2), 132 and 351(2) of the Bharatiya Nyaya Sanhita. The petitioner feared arrest and applied for anticipatory bail. The Court examined the seriousness of the allegations and the likelihood of the petitioner absconding or tampering with evidence. Considering the nature of the accusations, the Court refused the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

What is the appropriate exercise of discretion by the Court in granting or refusing anticipatory bail under the Bharatiya Nyaya Sanhita?
Whether the seriousness of the offences alleged against the petitioner justifies denial of anticipatory bail?

Legislation cited

Bharatiya Nyaya Sanhita — s. 115(2), 132, 191(2), 191(3), 192, 303(2), 351(2)

Subjects

anticipatory bail
criminal procedure
Bharatiya Nyaya Sanhita
serious offences
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.83698 of 2025
                       Arising Out of PS. Case No.-431 Year-2024 Thana- CHANDAUTI District- Gaya
                  ======================================================
                  Birendra Yadav @ Sew Yadav Son of Dev Yadav R/o Village -
                  Kandi(Nawadah), P.S. - Chandauti, Dist. - Gaya.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Vijay Kumar, Advocate
                  For the Opposite Party/s :      Dr. Ajeet Kumar, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    06-01-2026                  Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in case registered for

                    the offences punishable under Sections 191(2), 191(3), 192,

                    115(2), 303(2), 132, 351(2) of the Bharatiya Nyaya Sanhita.

                                 3. It is alleged that this petitioner along with other

                    F.I.R. named accused persons misbehaved with the police and

                    fled away with the seized tractor.

                                 4. Considering the nature and seriousness of

                    accusation, prayer for anticipatory bail of the petitioner is

                    refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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