Patna High Court
Amarjeet Yadav @ Amarjit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions under Section 482(2) of the Bihar Narcotic Substances Act, 2023.
Summary
Amarjeet Yadav applied for anticipatory bail after being implicated in a case involving offences under Sections 126(2), 115(2), 109(2), 308(4), 303(2), 352, 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. He alleged that the informant’s sons were assaulted by him and others, but the injury was minor and not corroborated by medical evidence, claiming false implication. The State opposed bail, citing his antecedent of five cases and the risk of absconding. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs. 25,000 with two sureties, and cooperate with the investigation, invoking Section 482(2) of the Act. The petitioner’s father was ordered to act as one of the bailors, and the trial court was directed to cancel the bail if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his prior criminal antecedents.
- Whether the allegations of assault and extortion are sufficiently substantiated to deny bail.
- Whether the petitioner poses a risk of absconding or non‑cooperation with the investigation.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(2), 115(2), 126(2), 303(2), 308(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- false implication
- extortion
- assault
- Section 482
- Bihar High Court
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17470 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Amarjeet Yadav @ Amarjit Yadav S/o Suryanarayan Yadav R/o Village -
Ghordaur, P.S - Tilkeshwar, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109(2), 308(4), 303(2), 352, 351(2) and 3(5) of the BNS,
2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases and the informant alleges
that a truck with liquor was seized for which Singhiya P.S. Case
No. 163 of 2025 was instituted, the accused suspected that the
truck was seized on account of information provided by his sons
Surendra and Indradev, further his sons were returning after
purchasing vegetables when they were intercepted by the
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accused persons including the petitioner along with 5-10
unknown accused and petitioner with shocker pipe and Surendra
along with Nitesh with rod assaulted his sons, further petitioner
along with Surendra and Chandan assaulted by butt of pistol on
head and even took their signatures on blank paper and
demanded extortion of Rs. 25 Lakhs and Krishna threatened that
because of them, his truck was seized.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the
informant alleges that petitioner along with named accused
persons assaulted his sons, but then the injured sustained only
one injury in the form of tenderness over the left thigh and x-ray
report shows no bonee injury, it is thus submitted that the
injured suffered a minor injury hence the allegation of assault
does not get corroborated by the injury report. It is next
submitted that Nitesh Kumar Singh had approached this Court
seeking anticipatory bail by filing Criminal Miscellaneous No.
25896 of 2026 and the same came to be allowed by an order
dated 24.04.2026 passed by a learned Co-ordinate Bench.
5. Learned A.P.P. for the State opposes the
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anticipatory bail application of the petitioner and submits that
petitioner has antecedent of five cases and if privilege of
anticipatory bail is granted, the petitioner may abscond, on
which the learned counsel appearing on behalf of the petitioner
submits that petitioner will not abscond rather will cooperate in
the investigation to prove his innocence.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner 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. 25,000/- (Rupees Twenty Five 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 Kusheshwar Asthan P.S. Case No. 294 of 2025
subject to the conditions as laid down under Section 482 (2) of
BNSS.
7. One of the bailors of the petitioner shall be his
father namely Suryanarayan Yadav.
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
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investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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