Patna High Court
Niripendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of any specific accusation against the petitioner, anticipatory bail is warranted under Section 482(2) of the B.N.S.S.
Summary
The petitioners, including Niripendra Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 103(1), 3(5) of the B.N.S. and Section 27 of the Arms Act. The FIR alleged that on 14 June 2025 the accused surrounded an informant’s family and that co‑accused Surendra Yadav and Sumit Yadav fired at the informant’s father, causing his death. The petitioner’s counsel argued that no specific allegation was made against him and that bail had already been granted to the co‑accused. The State opposed the anticipatory bail application. The court examined the lack of a specific role attributed to the petitioner and the provisions of Section 482(2) of the B.N.S.S., and consequently ordered anticipatory bail on a bond of Rs 10,000 with two sureties, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. despite the FIR allegations
- Whether the absence of a specific incriminating role for the petitioner justifies grant of bail
Legislation cited
Subjects
- anticipatory bail
- bail
- Arms Act
- Section 482
- criminal procedure
- murder
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89289 of 2025
Arising Out of PS. Case No.-142 Year-2025 Thana- MANSI District- Khagaria
======================================================
Niripendra Yadav Son of Sitaram Yadav Resident of Village -Thatha, P S
-Mansi District -Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar , Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. The petitioner apprehends their arrest in a case
registered for the offence under Sections 103(1), 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3 . As per F.I.R., on 14.06.2025, all the accused
persons including petitioner surrounded informant and his
family members and thereafter, co-accused Surendra Yadav and
Sumit Yadav fired upon father of informant, as a result of which,
father of informant died on spot.
4. Learned counsel for the petitioner submits that
specific accusation is against co-accused Surendra Yadav and
Sumit Yadav. So far as this petitioner is concerned, no specific
role has been attributed against him. Similarly situated co-
Patna High Court CR. MISC. No.89289 of 2025(2) dt.10-02-2026
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accused persons have already been granted bail vide order dated
01.12.2025 in Cr. Misc. No. 75099 of 2025 .
5. Learned A.P.P. for the State and learned counsel for
the informant opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate – 1 class Khagaria in
connection with Mansi P.S. Case No. 142 of 2025 , subject to
condition as laid down under Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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