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Patna High Court

Amarjeet Yadav @ Amarjit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.17470 of 2026(2) dt.28-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.17470 of 2026(2) dt.28-04-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.17470 of 2026(2) dt.28-04-2026
                                                        4/4




                      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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