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Patna High Court

Praveen Kumar @ Pravin YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond, sureties, and conditions, including verification of his criminal antecedent.

Summary

Petitioner Praveen Kumar sought anticipatory bail in connection with a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita and the Arms Act, arising from a communal disturbance allegedly linked to a land dispute. The prosecution alleged that the petitioner was part of a group that created obstacles on a roadway, abused police, and attempted to incite religious violence, with arms recovered from a related house. The petitioner contended innocence, claiming false implication due to the land dispute and noting no specific allegation against him, while acknowledging three prior criminal antecedents. The State opposed the bail, but the court noted that other co‑accused had already been granted anticipatory bail and that the FIR did not specifically attribute a role to the petitioner. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail subject to a bond, sureties, cooperation with investigation, and verification of the petitioner’s criminal antecedent.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious charges and alleged criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • communal violence
  • land dispute
  • arms seizure
  • criminal antecedent
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9025 of 2026
                       Arising Out of PS. Case No.-81 Year-2025 Thana- Safiyasarai District- Munger
                 ======================================================
                 Praveen Kumar @ Pravin Yadav Son of Dashrath Yadav Resident of Village-
                 Prem Tola Farda, P.S.- Safiasarai, District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Suman Kumar Mishra, Adv
                 For the Opposite Party/s :        Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   22-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Safiasarai P.S. Case No. 81 of 2025, registered for the

                   offence punishable under Sections 191(2), 193(3), 190, 126(2),

                   115(2), 132, 196, 109(1) and 285 of B.N.S. Act and 30/27 of

                   Arms Act.

                                3. The case of the prosecution, in short, as per the

                   informant is that on 27.09.2025 at about 12:05 PM, informant

                   got a secret information that near petrol pump, some people are

                   gathered illegally. Their planning is of creating obstacle in

                   roadway and to disturb law and order. Accused persons are

                   abusing and beating the passengers, drivers and other public

                   who are going from that way. Accused persons are trying to
Patna High Court CR. MISC. No.9025 of 2026(3) dt.22-04-2026
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          disturb the communal harmony of society. As per information

          Police team reached at that place and tried to make understand

          the public but people at place of occurrence were not ready to

          understand. The accused persons started abusing with police

          team. They tried to outbreak the religious violence between the

          two community. Then police took the action. To see the police

          action accused started to flee away here and there. Some

          incriminating articles were recovered and seized which are

          mentioned in seizure list. Accordingly, the FIR was registered.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. He

          has falsely been implicated in the present case due to land

          dispute. There is no specific allegation against the petitioner.

          The recovery of arms is from the house of Jamal Mallik @

          Bablu Mallik. He further submits that the petitioner has three

          criminal antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. From the perusal of the FIR, it appears that the

          there is a land dispute relating to graveyard. People from both

          the communities assembled and created difficult situation for

          the police. Some of the accused persons were arrested while
Patna High Court CR. MISC. No.9025 of 2026(3) dt.22-04-2026
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          others managed to escape which includes the petitioner. Later,

          house of Bablu Mallik was raided and arms recovered. Number

          of people have been roped in but in the FIR, no specific role has

          been attributed to the petitioner and co-accused Sittu Kumar,

          Mannu Yadav and Pandav Kumar have already been granted

          anticipatory bail vide order dated 17.02.2026 passed in CR.

          Misc. No. 7108 of 2026. Considering all these aspects of the

          matter, this Court is inclined to grant privilege of anticipatory

          bail to the petitioner.

                       7. Let the petitioner, named above, in the event of his

          arrest or surrender before the Court below within four weeks

          from today, 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 C.J.M, Munger in

          connection with Safiasarai P.S. Case No. 81 of 2025, subject to

          the conditions laid down under section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023 and subject to the further

          condition that:-

                       (i)    the     petitioner      shall   co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case it is found that
              Patna High Court CR. MISC. No.9025 of 2026(3) dt.22-04-2026
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                        the petitioner has concealed his criminal antecedent, the Court

                        below shall take step for cancellation of bail bond of the

                        petitioner. However, it is expected that the verification process

                        would be done expeditiously without causing any delay.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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