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2026 DAILYLAW 6375 (PAT)

Bholi Yadav @ Arvind Kumar Yadav v. The State of Bihar

CR. MISC./21638/2026 · 2026-04-16

Rajiv Roy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21638 of 2026 Arising Out of PS. Case No.-220 Year-2014 Thana- BODHGAYA District- Gaya ====================================================== Bholi Yadav @ Arvind Kumar Yadav S/O Hari Yadav Resident of village - Dema, Police Station- Mohanpur, District- Gaya Jee ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 16-04-2026 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Bodh Gaya (Cherki) P.S. Case No. 220 of 2014 for the offence under section 395 of the Indian Penal Code lodged on 16.07.2014 by the informant, Raju Kumar. 3. As per the prosecution story, the informant alleged on 14.07.2014, when his truck reached near Chamari Bigha, a Bolero vehicle intercepted it and asked them to get down from the truck. Their eyes were tied, dumped in the Bolero car and taken towards Sherghati. There, they were given certain drugs which made them unconscious. Upon regaining consciousness, they anyhow, untied their hands and came on the GT road. They, thereafter, informed the truck owner and later, lodged the FIR. 4. As the story unfolds, some accused persons were Patna High Court CR. MISC. No.21638 of 2026(2) dt.16-04-2026 2/3 apprehended and on the basis of their confessional statement, the name of this petitioner cropped up. 5. Learned counsel for the petitioner submits that he do not have criminal antecedent, the alleged occurrence is of the year 2014, and for the first time, cognizance was taken against him in the year 2024 necessitating this anticipatory bail application. 6. Learned APP opposes the prayer submitting that the FIR was lodged in the year 2014 against unknown, even accepting the petitioner’s version, upon knowledge of his implication on the basis of confessional statement of the accused persons, he preferred anticipatory bail application before the concerned Court in the month of February, 2024. It came to be rejected by the learned CJM, Gaya. He, thereafter, waited for two years to file anticipatory bail application before the learned Sessions Judge which got rejected in the month of January, 2026. Even thereafter, he took two months in filing the present anticipatory bail application. 7. Considering the submissions of the parties as also that the truck driver and his brother were tied, taken to a different place, made them unconscious and the accused persons left the place with the truck, the FIR was lodged against Patna High Court CR. MISC. No.21638 of 2026(2) dt.16-04-2026 3/3 unknown, subsequently, during the investigation some of the accused persons were apprehended and they named this petitioner, no relief can be extended to him. 8. The anticipatory bail application stands rejected. Adnan/- (Rajiv Roy, J) U T