Patna High Court
Sirjan Yadav @ Brija YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was denied as the petitioners were absconding and failed to justify the need for such bail.
Summary
The petitioners, Sirjan Yadav and his son Ramuna Yadav, applied for pre‑arrest bail in a case registered under Sections 341, 323, 308 and 506/34 of the Indian Penal Code. The High Court noted that the accused had been absconding and had provided no explanation for why they could not seek bail earlier. Because of their absence and lack of justification, the Court was not inclined to enlarge them on pre‑arrest bail. The Court directed that they may surrender before the District Court and apply for regular bail. Consequently, the bail application was disposed of without grant of pre‑arrest bail. The order was pronounced by Justice Purnendu Singh on 5 May 2026.
Issues considered
- Whether pre‑arrest bail can be granted when the accused are absconding and have not explained the delay in seeking bail
- Whether the nature of offences under IPC Sections 341, 323, 308 and 506/34 precludes pre‑arrest bail
Legislation cited
- Indian Penal Code — s. 308, 323, 34, 341, 506
Subjects
- pre‑arrest bail
- absconding
- Indian Penal Code
- criminal law
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85241 of 2025
Arising Out of PS. Case No.-362 Year-2023 Thana- KHIJARSARAI District- Gaya
======================================================
1. Sirjan Yadav @ Brija Yadav S/o- Devalal Yadav Village- Maharaj Bigha PS-
Khizersarai, Dist- Gaya
2. Ramuna Yadav @ Ramuna Kumar S/o- Sirjan Yadav Village- Maharaj Bigha
PS-Khizersarai, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 05-05-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Khizarsarai P.S. Case No. 362 of 2023 registered for the
offence punishable under Sections 341, 323, 308 and 506/34 of
the Indian Penal Code.
3. Considering that the petitioners have remained
absconding and no explanation has been assigned in the bail
application as to what prevented them from seeking pre-arrest
bail in respect of the cognizable offence allegedly committed by
them, I am not inclined to enlarge the petitioners on pre-arrest
bail.
Patna High Court CR. MISC. No.85241 of 2025(4) dt.05-05-2026
2/2
4. The petitioners may surrender before the learned
District Court and seek regular bail.
5. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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