Patna High Court
Deepak YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions under Section 438(2) of the Code of Criminal Procedure.
Summary
The petitioner, Deepak Yadav, was arrested in connection with a case alleging illegal parking under Sections 308(2), 308(3) and 3(5) of the Bihar Nagarik Suraksha Act, 2023. He contended that he held a valid licence from the Gaya Municipal Corporation to operate a parking at Salempur Ghat and that the FIR was filed four days after the alleged incident without any explanation. The prosecution opposed bail, citing the alleged illegal collection of parking charges and two prior criminal antecedents, though the petitioner was already on bail in those matters. The Court examined the licence, the delay in filing the FIR, and the petitioner’s criminal record, and concluded that bail could be granted subject to strict conditions. Accordingly, the Court ordered bail on a bond of Rs.10,000 with two sureties, invoking Section 438(2) of the CrPC and imposing conditions of cooperation, appearance, and non‑tampering with evidence.
Issues considered
- The petitioner’s entitlement to bail despite allegations of illegal parking and prior criminal antecedents.
- Whether the delay of four days in filing the FIR affects the grant of bail.
- Whether holding a municipal licence negates the alleged offence under the Bihar Nagarik Suraksha Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- illegal parking
- municipal licence
- Criminal Procedure Code
- Section 438
- Bihar Nagarik Suraksha Act
- FIR delay
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86601 of 2025
Arising Out of PS. Case No.-960 Year-2025 Thana- GAYA MUFASIL District- Gaya
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Deepak Yadav Son of Lalu Yadav @ Lallu Yadav R/o Village - Salempur ,
P.S.- Muffasil, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brijmohan Das, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Brijmohan Das, learned counsel for the
petitioner and Mr. Nand Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Muffasil P.S. Case No. 960 of 2025, F.I.R.
dated 13.09.2025 for the offences punishable under Sections
308(2), 308(3) and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner was
illegally running a parking near Sitakund whereas he was issued
license to run parking in Salempur Ghat.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the F.I.R is false and
fabricated and the petitioner has not committed any offence as
alleged in the F.I.R. In fact, the petitioner was a license holder
of Gaya Municipal Corporation office for running a parking in
Patna High Court CR. MISC. No.86601 of 2025(2) dt.08-01-2026
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Salempur Ghat for the years 2025-26 w.e.f. 02.04.2025 to
31.06.2026. As per the allegation, the occurrence took place on
09.09.2025 but the F.I.R has been instituted on 13.09.2025 i.e.,
after delay of about 4 days without giving any explanation of
the said delay and without any evidence for proving that the
petitioner has collected the parking charge without proper
license.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner has collected the parking charge
beside his area and apart from that the petitioner carries two
criminal antecedents other than the present one but fairly
submits on the basis of paragraph no. 3 of the bail application
that the petitioner is on bail in both the pending matters.
6. Considering the aforesaid facts and circumstances
that the petitioner is license holder of the car parking issued by
the Gaya Municipal Corporation, let the petitioner, above
named, in the event of his arrest or surrender before the court
below within a period of thirty days from the date of receipt of
the order, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.86601 of 2025(2) dt.08-01-2026
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Gaya Ji in connection with Muffasil P.S. Case No. 960 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure and with other following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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