Patna High Court
Deonandan Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to prescribed conditions.
Summary
The petitioner, Deonandan Prasad Yadav, sought anticipatory bail fearing arrest in a case (PS Case No. 398 of 2025) involving alleged assault, robbery, and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that on 27 Oct 2025 the petitioner’s associates attacked Sanjoga Devi and her sons, causing injuries and stealing jewellery. The petitioner argued that he was merely an order‑giver and that the principal assailant, Lalbabu, had already been granted anticipatory bail by a coordinate bench of the same court. The State opposed the bail, contending the seriousness of the offences. The court, noting the petitioner’s limited role, the simple nature of the injuries, and the prior bail to Lalbabu, decided to grant anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita despite the serious nature of the offences alleged.
- Whether the prior grant of anticipatory bail to a co‑accused (Lalbabu) influences the grant of bail to the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- robbery
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- bail conditions
- order giver
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9212 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- KAKO District- Jehanabad
======================================================
Deonandan Prasad Yadav Son of Late Nageshwar Yadav Resident Of Village-
Dakshni, Ps- Kako (Bhelawar), Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 22-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kako (Bhalawar) P.S. Case No.398 of 2025,
F.I.R dated 29.10.2025 registered for the offences punishable
under Sections 126(2), 115(2), 117(2), 118(1), 109(1), 303(2),
74, 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. According to prosecution case, on 27.10.2025, at
around 1:00 AM, Sanjoga Devi was arranging straw near her
house when several accused persons abused her. On the
instruction of one accused, two others brought lathis and
assaulted her and her sons, causing injuries. During the incident,
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two accused allegedly snatched her gold ornaments. She and her
sons were taken to a hospital and later referred to Jehanabad
Sadar Hospital, where she received multiple stitches on her
head. It is further alleged that the accused misbehaved with her
and threatened her with serious consequences if she reported the
matter to the Police.
4. Learned counsel for the petitioner submits that the
petitioner is an order giver and the allegation of overt act or
assault is against Lalbabu, who has already been extended the
privilege of anticipatory bail by a Co-ordinate Bench of this
Court vide order dated 23.02.2026 passed in Cr. Misc. No.8725
of 2026 and the injuries sustained by the informant have also
been found to be simple in nature.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the petitioner is an order giver and the main assailant,
namely, Lalbabu, has already been extended the privilege of
anticipatory bail by a Co-ordinate Bench of this Court vide
order dated 23.02.2026 passed in Cr. Misc. No.8725 of 2026
and the injuries sustained by the informant have also been found
to be simple in nature. Accordingly, this Court is inclined to
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grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her 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/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Divisional Judicial Magistrate,
Jehanabad, in connection with Kako (Bhalawar) P.S. Case
No.398 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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