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Patna High Court

Santosh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to petitioner no.2 subject to conditions, and the applications of petitioners no.1 and no.3 were dismissed as withdrawn.

Summary

The petitioners, three brothers from Ghonghiya village, filed anticipatory bail applications in a criminal case (PS Case No. 512 of 2025) alleging offences under various sections of the Bihar Negotiable Securities Act. Petitioners 1 and 3 withdrew their applications, which the court permitted, dismissing them as withdrawn. Petitioner's 2, Sanjeet Yadav, claimed he was falsely implicated in an assault and robbery incident stemming from a land dispute, asserting the FIR was filed to create an alibi for the informant. The State opposed his bail. After considering the submissions, the court granted anticipatory bail to petitioner 2, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., to be complied with within six weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail should be granted to petitioner no.2 under Section 438 CrPC/Section 482(2) B.N.S.S.
  • Whether the anticipatory bail applications of petitioners no.1 and no.3 can be withdrawn.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • assault
  • Section 438
  • Section 482
  • Criminal Procedure Code
  • Bihar Negotiable Securities Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37421 of 2026
                      Arising Out of PS. Case No.-512 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
           1.     Santosh Yadav S/O Sobhit Yadav R/O Village-Ghonghiya, Police Station-
                  Bahera, District- Darbhanga.
           2.    Sanjeet Yadav S/O Binade Yadav @ Binday Yadav R/O Village-Ghonghiya,
                 Police Station- Bahera, District- Darbhanga.
           3.     Santosh Kumar Yadav @ Santosh Yadav S/O Gol Yadav R/O Village-
                  Ghonghiya, Police Station- Bahera, District- Darbhanga.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Prasad, Advocate
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioners, at the outset,

                   seeks permission to withdraw the anticipatory bail application

                   with respect to petitioners no. 1 and 3, namely, Santosh Yadav

                   and Santosh Kumar Yadav @ Santosh Yadav who were arrested

                   during pendency of the same.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application with

                   respect to petitioners no. 1 and 3 is dismissed as withdrawn.

                                5. The petitioner no. 2 apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),
Patna High Court CR. MISC. No.37421 of 2026(2) dt.17-06-2026
                                            2/3




          115(2), 109, 303(2), 324(2), 351(2), 352 and 3(5) of the BNS.

                       6. Learned counsel for the petitioner no. 2 submits

          that petitioner no. 2 has antecedent of one case and the

          informant alleges that on 17.12.2025, at 09:00 p.m. he was

          returning home after selling paddy when he was intercepted by

          six named accused persons including the petitioner no. 2 and the

          accused persons assaulted him by iron rod, khanti etc. causing

          injury on nose and snatched Rs.50,000/- which he was carrying.

          On alarm, some villagers and family members came and took

          him to the hospital from where he was referred to the DMCH.

          Further, the accused persons again came to the house of the

          informant and damaged the tractor, motorcycle and household

          articles.

                       7. Learned counsel for the petitioner no. 2 submits

          that petitioner no. 2 has been falsely implicated in the instant

          case by the informant. It is further submitted that from perusal

          of the allegation as alleged in the FIR, it would manifest that

          allegation of assault is not specific. It is next submitted that one

          Pappu instituted Bahera P.S. Case No. 513 of 2025 dated

          18.12.2025 against the informant and others alleging that they

          entered in his house at 09:00 p.m. and the informant of the

          present case assaulted him by farsa causing injury on head. It is,
           Patna High Court CR. MISC. No.37421 of 2026(2) dt.17-06-2026
                                                       3/3




                     thus, submitted that on account of dispute relating to land, an

                     altercation had taken place in which both sides had assaulted

                     each other but then the present informant instituted the instant

                     FIR only with a view to create an alibi for himself.

                                  8. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner no. 2.

                                  9. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner no. 2, let the

                     petitioner no. 2, above-named, in the event of his arrest or

                     surrender within a period of six weeks from today, be released

                     on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Trial Court where the case

                     is pending/Successor Court in connection with Bahera P.S. Case

                     No. 512 of 2025 corresponding to G.R. No. 640 of 2025, subject

                     to the conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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