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Patna High Court

Deonandan Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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,
Patna High Court CR. MISC. No.9212 of 2026(3) dt.22-04-2026
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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
Patna High Court CR. MISC. No.9212 of 2026(3) dt.22-04-2026
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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
           Patna High Court CR. MISC. No.9212 of 2026(3) dt.22-04-2026
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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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