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Patna High Court

Deepak YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioners filed the application after an unreasonable delay and showed no genuine apprehension of arrest.

Summary

The petitioners, Deepak Yadav and Rajesh Yadav, sought anticipatory bail in a case registered in 2013 for offences under Sections 341, 323, 324, 379, 504, 34 and 325 of the Indian Penal Code. They alleged apprehension of arrest, but the alleged incident involved them assaulting an informant with a khanti and lathi and stealing a driving licence and Rs.5,000. The application was filed after a twelve‑year delay with no satisfactory explanation for the belated filing. The Court observed that such a long lapse defeats the purpose of anticipatory bail and that the petitioners had no genuine apprehension of arrest. Consequently, the Court dismissed the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted after a twelve‑year delay in filing the application
  • Whether the petitioners have a genuine apprehension of arrest

Legislation cited

Subjects

  • anticipatory bail
  • delay
  • criminal procedure
  • Indian Penal Code
  • bail jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91684 of 2025
                 Arising Out of PS. Case No.-63 Year-2013 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
           1.     Deepak Yadav S/o Rambalak Yadav R/o Village - Jhunathi, P.S - Muffasil,
                  District - Nawada
           2.     Rajesh Yadav S/o Rambalak Yadav R/o Village - Jhunathi, P.S - Muffasil,
                  District - Nawada
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sheo Kumar Prasad
                 For the Opposite Party/s :     Mr. Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners apprehend their arrest in Muffasil

                   P.S. Case No. 63 of 2013, registered for offence punishable

                   under Sections 341, 323, 324, 379, 504, 34, 325 of the Indian

                   Penal Code.

                                3. Prosecution story, in short, is that on 13.05.2013 at

                   about 7-8 P.M., these petitioners along with other co-accused

                   came at the door of informant, armed with Khanti and Lathi,

                   brutally assaulted informant and also took away driving license

                   and cash of Rs. 5,000/- from informant.

                                4. The F.I.R. was lodged in the year 2013 and

                   petitioners have moved this application after a lapse of 12 years

                   and there is no plausible explanation for approaching this Court
           Patna High Court CR. MISC. No.91684 of 2025(2) dt.20-01-2026
                                                       2/2




                     after such a belated time for grant of anticipatory bail. It appears

                     that petitioners have no apprehension of arrest.

                                  5. Dismissed.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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