IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 (@ Special Leave Petition (Crl.) No. 17668/2024)

KAPIL YADAV & ORS. ...APPELLANT(S)

VERSUS STATE OF BIHAR ….RESPONDENT(S)

O R D E R Leave granted.

This appeal challenges the order dated

18.09.2024 passed by the High Court of Judicature of Patna in Criminal Miscellaneous No. 36271 of 2024 rejecting the anticipatory bail application filed by the appellants herein.

Apprehending arrest in connection with crime registered pursuant to First Information Report No. 694 of 2023 dated 04.12.2023 lodged with Police Station Kawakole, District Nawada, Bihar in Signature Not Verifierd espect of offences punishable under Sections 341, NEETU SACHDEVA Date: 2025.04.25 Reason: 323, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code, 1860 (“IPC”), the appellants preferred the aforesaid application before the High Court seeking anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 (“the Code” for short). The said application for anticipatory bail having been rejected vide impugned order dated 18.09.2024, the instant appeal has been preferred.

By order dated 20.12.2024, while issuing notice, this Court granted interim protection in favour of the appellants.

We have heard learned counsel for the appellant(s) and learned counsel for the respondent–state.

Learned counsel for the appellant(s)

submitted that out of fifteen accused persons, Accused Nos.7 to 15 have been granted pre-arrest bail by the Sessions Court and three other accused have been granted similar bail by the High Court under the very impugned order. However, these three appellants have been denied bail. Learned counsel for the appellant(s) submitted that the investigation is on and the appellants would cooperate. Therefore, on the principle of parity these appellants also may be granted the relief of anticipatory bail by setting aside that portion of the order which is against them. Learned counsel for the appellant(s) also submitted that there are no other criminal antecedents as against the appellants and hence relief may be granted to them by allowing this appeal.

Per contra, learned counsel for the respondent/State submitted that there is no merit in this appeal; that the High Court has rightly declined to grant anticipatory bail to these three appellants; that the overt acts are attributable to these three appellants and hence the appeal may be dismissed.

Considering the circumstances on record, in our view, the appellants are entitled to the relief claimed under Section 438 of the Code.

We, therefore, allow this appeal, set aside the order passed by the High Court and direct that in the event of their arrest, the Arresting Officer shall release the appellants on bail subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty Five Thousands Only)

each with two like sureties.

It is directed that the appellants shall extend complete cooperation in the ensuing investigation. The appellants shall not misuse their liberty and shall not in any way influence the witnesses or tamper with the material on record.

With the aforesaid directions, the criminal appeal is allowed.

………………………………………J. [B.V. NAGARATHNA]

NEW DELHI ….……………………………………J. APRIL 25, 2025 [K.V. VISWANATHAN]

ITEM NO.5 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 17668/2024 [Arising out of impugned final judgment and order dated 18-09-2024 in CRLM No. 36271/2024 passed by the High Court of Judicature at Patna]

KAPIL YADAV & ORS. Petitioner(s)

VERSUS STATE OF BIHAR Respondent(s)

FOR ADMISSION and I.R. and IA No.291266/2024-EXEMPTION FROM FILING O.T.

Date : 25-04-2025 This petition was called on for hearing today.

CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) :Mr. Smarhar Singh, AOR Ms. Shweta Kumari, Adv.

Mr. Vikas Chopra, Adv.

Mr. Manoj Kumar, Adv.

Mr. Niranjan Swami, A