Patna High Court
Chandeshwari YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Chandeshwari Yadav and Shashi Kumar Yadav, sought anticipatory bail fearing arrest in connection with Singheshwar P.S. Case No. 123 of 2029, wherein they were alleged to have assaulted an informant and his relatives under several IPC sections. They contended that they have a clean antecedent, were falsely implicated, and that the FIR does not specifically allege their involvement; a compromise petition had also been filed in 2025. The State opposed the bail. The Court, after considering the clean record and the circumstances, granted anticipatory bail subject to a Rs.10,000 bond with two sureties each, and imposed conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, including cooperation with the trial and non‑tampering with evidence. The bail order also directed verification of any concealed criminal antecedent by the lower court. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances.
- Whether the petitioners have a clean antecedent justifying bail.
- Whether the FIR specifically implicates the petitioners in the alleged offences.
- Whether the filing of a compromise petition affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Indian Penal Code
- false implication
- clean antecedent
- bail conditions
- compromise petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88282 of 2025
Arising Out of PS. Case No.-123 Year-2019 Thana- SINGHESHWAR District- Madhepura
======================================================
1. Chandeshwari Yadav S/o Late Ras Bihari Yadav R/o Village- Lalpatti, Ward
No.01, P.S.- Singheshwar, District- Madhepura
2. Shashi Kumar Yadav S/o Sri Shailendra Yadav R/o Village- Lalpatti, Ward
No.01, P.S.- Singheshwar, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Shashi Bhushan Kumar, learned counsel
for the petitioners and Mr. Harendra Prasad, learned APP for the
State.
2. The petitioners are apprehending their arrest in
connection with Singheshwar P.S. Case No. 123 of 2029, F.I.R.
dated 12.07.2025 registered for the offences punishable under
Sections 323, 341, 324, 307, 379, 504, 506, 34 of the Indian
Penal Code.
3. As per prosecution case, petitioners and co-accused
persons are alleged to have assaulted the informant. When
informant’s brother and father came to save him, petitioner no. 2
assaulted with rod and khanti causing injury on the head of
Patna High Court CR. MISC. No.88282 of 2025(2) dt.09-01-2026
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informant’s brother and also assaulted informant’s father with
rod causing injury on right hand of informant’s father.
4. Learned counsel for the petitioners submit that the
petitioners have clean antecedent and they have been falsely
implicated in the present case. It appears from the F.I.R. that no
specific allegation against the petitioners regarding assault to the
injured persons but the Police after investigation submitted final
form in favour of the petitioners but the learned court below has
taken cognizance against the petitioners in a mechanical manner
vide order dated 22.04.2020. Learned counsel further submits
that thereafter parties have filed compromise petition in the
year 2025.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedent, in the
event of their 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/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned A.C.J.M.-III, Madhepura in
connection with Singheshwar P.S. Case No. 123 of 2019,
Patna High Court CR. MISC. No.88282 of 2025(2) dt.09-01-2026
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subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023
and with other following conditions :-
(1) Petitioners 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.
(2) If the petitioners tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Ranjeet/-
U T
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