Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66148 of 2025 Arising Out of PS. Case No.-73 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Uday Yadav son of Rajdev Yadav Resident of Village -Sheopur PS -Barahara (Sinaha Op), Dist -Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlesh Prasad Yadav, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 120(B), 384, 419, 420 of the Indian Penal Code, Section 28 of the Arms Act as well as under Section 66(D) of the I.T. Act.

3. The allegation in the first information report is that the present FIR was instituted on the basis of a news of viral video in which five persons were holding country made pistols in their hands and it came to knowledge that the petitioner was also one of them.

4. Learned counsel for the petitioner submits that the name of the petitioner has been included in this case as a mistake of fact and subsequently in the course of investigation,

Patna High Court CR. MISC. No.66148 of 2025(2) dt.19-09-2025 2/3 it has transpired that, as a matter of fact, the video of one Deepak Yadav has featured and the presence of this petitioner has not been found upon verification. Such statement has been made in paragraph-9 of the petition. It has also been submitted that the petitioner has no criminal antecedent whereas other accused persons, some of whom also had criminal antecedent, have all surrendered and have been granted regular bail. It is also submitted that the perusal of the first information report indicates that the matter relates to making video which went viral but there is no allegation of causing any intimidation, threat or injury to any person.

5. Learned APP opposes the grant of anticipatory bail to the petitioner.

6. Taking into consideration the facts aforesaid and also considering that there is doubt on the substantial identification of the petitioner upon verification and further the petitioner has no criminal antecedent, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.66148 of 2025(2) dt.19-09-2025 3/3 pending/successor court in connection with Barahara (Krishna Garh O.P.) P.S. Case No.73 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Soni Shrivastava, J) Sanjay/- U T