Anandi Yadav @ Sadhu Yadav @ Arvind @ Arvind Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Anandi Yadav @ Sadhu Yadav @ Arvind @ Arvind Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender before the court below within four weeks, upon furnishing bail bonds of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one bailor shall be an own/close family member of the petitioner.

Issue for consideration

Whether the petitioner, who apprehends arrest in Thali P.S. Case No. 281 of 2024 (offences punishable under Sections 112(2)/317(2)/303(2) of BNS 2023), should be released on bail in the event of arrest or surrender.

Court's answer

Considering the materials on record, especially that besides the disclosure made by the apprehended persons there is no other material suggesting the complicity of the petitioner in the crime, the petitioner is to be released on bail in the event of his arrest or surrender before the court below within four weeks, upon furnishing bail bonds of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be an own/close family member of the petitioner.

Ratio / Principle

Besides the disclosure made by the apprehended persons, there is no other material suggesting the complicity of the petitioner in the crime.

Detailed headnote1 paragraphs

Anticipatory bail granted. The Patna High Court (Harish Kumar, J), by order dated 19-05-2025 in Criminal Miscellaneous No. 30947 of 2025, directed release on bail of the petitioner Anandi Yadav @ Sadhu Yadav @ Arvind @ Arvind Yadav, who apprehended arrest in Thali P.S. Case No. 281 of 2024 (District Nawada) for offences punishable under Sections 112(2)/317(2)/303(2) of BNS 2023. The court observed that, besides the disclosure made by the apprehended persons, there was no other material suggesting the petitioner's complicity in the crime. Bail was ordered in the event of arrest or surrender within four weeks, on bail bonds of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, subject to the conditions in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, and with the further condition that one bailor be an own/close family member of the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30947 of 2025

Arising Out of PS. Case No.-281 Year-2024 Thana- THALI District- Nawada

======================================================

Anandi Yadav @ Sadhu Yadav @ Arvind @ Arvind Yadav S/O Krishna Yadav R/O Vill - Baksauti, P.S - Thali, Dist - Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar For the Opposite Party/s : Ms.Sharda Kumari ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL ORDER

2 19-05-2025 Heard the parties.

The petitioner apprehends his arrest in connection with Thali P.S. Case No. 281 of 2024 registered for the offences punishable under Sections 112(2)/317(2)/ 303(2) of BNS 2023.

In course of patrolling, the police intercepted three motorcycles and apprehended three persons. Noticing the police party, two persons succeeded in fleeing away and the name of the petitioner was disclosed by the apprehended persons.

Learned Advocate for the petitioner contended that the petitioner has neither any concern with the motorcycle nor with the accused persons, however only on account of the fact that the petitioner has one criminal antecedent in relation to Excise Act, his name has been implicated in this case without there being any material. Save and except the disclosure made

Patna High Court CR. MISC. No.30947 of 2025(2) dt.19-05-2025 2/3

by the police, which is not admissible in the eyes of law, there is no material suggesting any complicity of the petitioner in the crime. There are various other infirmities in search and seizure, coupled with the non compliance of Sections 103 and 105 of BNSS. The petitioner undertakes before this Court that he will fully cooperate in the investigation and the proceeding of the court.

On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the apprehended persons disclosed the name of the petitioner.

Regard being had to the submissions made on behalf of the parties and considering the materials available on record, especially the fact that besides the disclosure made by the apprehended persons, there is no other material suggesting the complicity of the petitioner in the crime, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Thali P.S. Case No. 281 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya

Patna High Court CR. MISC. No.30947 of 2025(2) dt.19-05-2025 3/3

Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

Anjani/- U T