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Patna High Court

Prabhu Narayan Yadav @ Gohan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to specified conditions under Section 482(2) of the B.N.S.S.

Summary

Petitioners Prabhu Narayan Yadav and Sulekha Devi sought anticipatory bail fearing arrest in a case registered under Sections 115(2), 126(2), 110, 352 and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. They contended that they have clean antecedents and were falsely implicated by an informant, noting that the alleged firing caused no injury and that the FIR was lodged three days after the incident, raising doubts about the prosecution’s case. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to the petitioners surrendering before the trial court within six weeks, furnishing bail bonds of Rs.10,000 each with two sureties, and complying with conditions under Section 482(2) of the B.N.S.S. The order aims to protect the petitioners from arrest while the trial proceeds.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged.
  • Whether the delay in filing the FIR and the claim of false implication affect the grant of bail.
  • Whether the petitioners are likely to flee, tamper with evidence, or influence witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • FIR delay
  • criminal procedure
  • B.N.S. 2023
  • Arms Act
  • bail conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86263 of 2025
                       Arising Out of PS. Case No.-118 Year-2025 Thana- MANSI District- Khagaria
                 ======================================================
           1.     Prabhu Narayan Yadav @ Gohan Yadav Son of Ruplal Yadav Resident of
                  Village - Thatha, Ps- Mansi, Dist- Khagaria
           2.    Sulekha Devi Wife of Prabhu Narayan Yadav @ Gohan Yadav Resident of
                 Village - Thatha, Ps- Mansi, Dist- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 115(2),

                   126(2), 110, 352 and 3(5) of B.N.S., 2023 as well as Section 27

                   of the Arms Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that accused persons including the petitioners came and

                   petitioner no.1 fired at his son and grandson but missed,

                   thereafter assaulted his son by brick causing injury and Sulekha

                   Devi assaulted Rajnish Kumar by spade causing injury on head.
Patna High Court CR. MISC. No.86263 of 2025(2) dt.20-01-2026
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          Further, Raushan Kumar and Beauty Kumari assaulted Tuna

          Devi by rod and brick causing injury on head.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegations, as alleged in the FIR, it would manifest that though

          petitioner no.1 is alleged to have fired but then no one was

          injured. It is next submitted that the said allegation has been

          alleged only to give seriousness to the case. It is further

          submitted that the date of occurrence is 21.05.2025 and the FIR

          was instituted on 24.05.2025, i.e., after a delay of three days,

          which casts an aspersion on the case of the prosecution. It is

          also submitted that petitioners are not the criminals.

                       5. Learned APP opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let petitioners, above-named, in the

          event of their arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of the learned trial court where
               Patna High Court CR. MISC. No.86263 of 2025(2) dt.20-01-2026
                                                           3/3




                         the case is pending/Successor Court in connection with Mansi

                         P.S. Case No.118 of 2025, subject to the conditions as laid down

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


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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