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Patna High Court

Yadolal Rai @ Yadav Lal RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to petitioner No.1 with conditions, and the anticipatory bail application for petitioner No.2 was dismissed as withdrawn.

Summary

Petitioner No.1, Yadolal Rai, a 68‑year‑old senior citizen with a clean record, applied for anticipatory bail in a case alleging his involvement in the looting of Rs.95,000 and assault on the informant. The FIR charges him under Sections 126(2), 322, 118(1), 109(1), 303(2), 352, 351(2) and 3(5) of the Bihar Negotiable Instruments Act, 2023. The petition also included his son, Shyambabu Rai, as a co‑applicant, but the petitioner sought to withdraw the anticipatory bail request for the son, which the court permitted. After hearing the parties, the court found that the allegations against petitioner No.1 were not prima facie established and that he was falsely implicated. Consequently, the court granted anticipatory bail to petitioner No.1 subject to a bail bond and sureties, while dismissing the application as withdrawn for petitioner No.2.

Issues considered

  • Whether anticipatory bail should be granted to petitioner No.1 under the cited sections of the Bihar Negotiable Instruments Act, 2023.
  • Whether the anticipatory bail application for petitioner No.2 can be withdrawn at the petitioner's request.

Subjects

  • anticipatory bail
  • false implication
  • senior citizen
  • criminal procedure
  • Bihar Negotiable Instruments Act
  • bail bond
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87008 of 2025
                     Arising Out of PS. Case No.-172 Year-2025 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
           1.     Yadolal Rai @ Yadav Lal Rai S/o Late Ramavtar Rai Resident of village -
                  Mangalpur, P.S - Dumariyaghat, District - East Champaran
           2.    Shyambabu Rai @ Shyam Babu Prasad Yadav S/o Yadolal Rai @ Yadav Lal
                 Rai Resident of village - Mangalpur, P.S - Dumariyaghat, District - East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Learned counsel for the petitioner, after some

                   argument, seeks permission to withdraw the anticipatory bail

                   application with respect to petitioner no.2, namely, Shyambabu

                   Rai @ Shyam Babu Prasad Yadav.

                                3. Permission is accorded.

                                4. The instant anticipatory bail application is

                   dismissed as withdrawn so far as petitioner no.2, namely,

                   Shyambabu Rai @ Shyam Babu Prasad Yadav is concerned.

                                5. Petitioner No.1 apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),
Patna High Court CR. MISC. No.87008 of 2025(2) dt.12-03-2026
                                            2/3




          322, 118(1), 109(1), 303(2), 352, 351(2) and 3(5) of B.N.S.,

          2023.

                       6. Learned counsel for the petitioner submits that

          petitioner no.1 is a person with clean antecedent and the

          informant alleges that on 17.06.2025 he was going to purchase

          buffalo, thus, was carrying Rs.95,000/- but was intercepted by

          the accused persons including the petitioner and on orders of

          petitioner, accused Shyambabu Rai and Himanshu Kumar looted

          Rs.95,000/- which he was carrying, thereafter, Shyambabu Rai

          assaulted him by Khukhri causing injury on head and right

          hand.

                       7. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that petitioner is a senior citizen,

          aged about 68 years, and has remained a person with clean

          antecedent all throughout and all of a sudden has been made an

          accused in the instant case with an allegation that on his orders,

          Rs.95,000/-, which the informant was carrying, was looted by

          the named accused persons and Shyambabu Rai assaulted him

          by Khukhri causing injury on his head and right hand. It is

          further submitted that from perusal of the allegation, as alleged

          in the FIR, it would manifest that it does not appear probable
               Patna High Court CR. MISC. No.87008 of 2025(2) dt.12-03-2026
                                                           3/3




                         that all of a sudden, the accused persons would have appeared

                         and assaulted the informant after snatching Rs.95,000/-. It is

                         also submitted that the informant and the petitioner belong to

                         the same village but then it is fairly submitted that the injury

                         suffered by the informant on account of assault made by

                         Shyambabu Rai has been opined to be grievous in nature.

                                      8. Learned APP opposes the anticipatory bail

                         application.

                                      9. Considering the submissions made by learned

                         counsel for the petitioner, let petitioner no.1, above named, in

                         the event of his arrest or surrender within a period of six weeks

                         from today, be released on bail on furnishing bail bond of

                         Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of learned Judicial Magistrate,

                         1st Class, East Champaran, Motihari in connection with

                         Dumariyaghat P.S. Case No.172 of 2025, subject to the

                         conditions laid down under Section 482(2) of B.N.S.S.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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