Patna High Court
Santosh Yadav @ Ganga Prasad Yadav @ Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner, subject to a bail bond and sureties.
Summary
The petitioner, Santosh Yadav, sought anticipatory bail fearing arrest in a case registered under several offences of the Bharatiya Nyaya Sanhita, including kidnapping, assault and theft. The prosecution alleged that the accused, along with unknown persons, forcibly took the petitioner, tied him, assaulted him with an iron rod and stole his mobile phone and Rs. 1 lakh. The petitioner contended he was not named in the FIR and his name emerged only from a co-accused's confessional statement, asserting his innocence. The State opposed the bail application. Considering the background and the nature of the accusation, the court allowed anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR but is implicated through a co-accused's confession.
- Whether the allegations under Sections 126(2), 115(2), 109, 303(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita justify denial of anticipatory bail.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- false implication
- kidnapping
- assault
- theft
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15116 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- JHANJHARPUR District- Madhubani
======================================================
Santosh Yadav @ Ganga Prasad Yadav @ Santosh Kumar Yadav S/O
Baidhnath Yadav R/O Village- Gangapur, Ward no.- 10, PS- Lakhnaur,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Ms. Nitu Kumari, Adv
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109,
303(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that all the F.I.R.
named accused persons, including 2-3 unknown miscreants,
forcibly took him on a Bolero vehicle, tied his mouth, hands and
legs, assaulted him by means of iron rod and snatched his
mobile phone and Rs. 1 lac kept in his pocket.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during
investigation in confessional statement of co-accused Subhash
Patna High Court CR. MISC. No.15116 of 2026(2) dt.28-04-2026
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Yadav. Allegation against petitioner is general and omnibus.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and nature of
accusation, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Jhanjharpur, Madhubani in connection
with Jhanjharpur P. S. Case No. 117 of 2025, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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