IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32708 of 2026 Arising Out of PS. Case No.-239 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== Ravindra Yadav S/o Kamleshwar Yadav @ Kamleswari Yadav @ Basudev Yadav R/o Village- Darharia, PS- Chhatapur, District- Supaul Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Rupa Kumari, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 6 17-08-2026 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 Chhatapur P.S. Case No.239 2021, F.I.R dated 20.07.2021 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, on 13.07.2021, applicant Subodh Yadav took the informant to Kathara for a feast, where Ravindra Yadav quarrelled with him. While returning, Ravindra Yadav and two unidentified persons allegedly intercepted and brutally assaulted the informant with rods and sticks, causing serious injuries, and took his mobile phone, Rs.21,505 in cash, and documents. Subodh Yadav Patna High Court CR. MISC. No.32708 of 2026(6) dt.17-08-2026 2/4 allegedly failed to intervene and thereafter took the injured informant home. 4. Learned counsel for the petitioner submits that the allegations of causing injury on the informant is made out against this petitioner and the said injuries have been found to be simple in nature. It is the case of the petitioner that the petitioner is F.I.R. named accused and the case was registered in the year 2021 and was not called even once in the last five (05) years for participating in the investigation or any process was ever initiated during this period. It has next been submitted that in view of the judgment rendered by the Hon’ble Supreme Court in the case of Gursewak Singh v. The State of Punjab, Petition for Special Leave to Appeal (Crl.) No.11234/2025, that if prosecution, despite there being specific allegation, has never took any process to nab the accused in the span of four years, hence, in such event, the accused may not be required to be arrested by the prosecution. It has next been submitted that the status report dated 18.06.2026, which has been sought in this case, goes to show that the case is pending for final form / chargesheet and till date, the same has not been filed by the I.O. It has lastly been submitted that the petitioner has two criminal antecedent but is on bail in the said cases. Patna High Court CR. MISC. No.32708 of 2026(6) dt.17-08-2026 3/4 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances that the injuries sustained by the informant have been found to be simple in nature and the petitioner is F.I.R. named accused and the case was registered in the year 2021 and was not called even once in the last five (05) years for participating in the investigation, and in view of the judgment rendered by the Hon’ble Supreme Court that if prosecution, despite there being specific allegation, has never took any process to nab the accused in the span of four (04) years, hence, in such event, the accused may not be required to be arrested by the prosecution. Accordingly, this Court is inclined to 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 J.M. 1st Class, Supaul, in connection with Chhatapur P.S. Case No.239 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Patna High Court CR. MISC. No.32708 of 2026(6) dt.17-08-2026 4/4 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 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. sharun/- (Ajit Kumar, J) U T