Patna High Court

Makeshwar YadavversusThe State of Bihar

Decided: 2 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court held that the petitioner is entitled to anticipatory bail subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Makeshwar Yadav, sought anticipatory bail in a case registered under Section 392 of the Indian Penal Code for alleged robbery. He claimed he was falsely implicated, asserting that the informant, Amit Kumar, later became an accused after a tablet was recovered from his house, indicating a false complaint. The petitioner assured the court he would not abscond and would cooperate with the investigation. The State opposed the anticipatory bail. The court, after considering the submissions, granted anticipatory bail, directing the petitioner to furnish bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case of alleged false implication under Section 392 IPC.
Whether the petitioner is likely to abscond or tamper with evidence.

Legislation cited

BNSS — s. 482(2)
Indian Penal Code — s. 392

Subjects

anticipatory bail
false implication
Section 392 IPC
Section 482 BNSS
bail bond
surety
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18822 of 2026
                      Arising Out of PS. Case No.-241 Year-2023 Thana- MANIHARI District- Katihar
                 ======================================================
                 Makeshwar Yadav S/o- Jay Jay Ram Yadav Resident of Village-Chaman Tola
                 PS- Muffasil District- Khagariya

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimal Kumar, Adv
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026               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 392 of the

                   Indian Penal Code.

                             3.    Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that 4 unknown bike-borne criminals on two motorcycles

                   intercepted the informant and his associate on point of arms and

                   looted RS. 1,65,400/- kept in a white colour bag along with a

                   tab including bio-metric machine and a mobile kept in the

                   dickey of the motorcycle and the accused also looted the mobile

                   of his associate Sudhir.

                             4.    Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18822 of 2026(2) dt.02-04-2026
                                            2/3




          petitioner has been falsely implicated in the instant case during

          the course of investigation. It is next submitted that informant of

          the instant FIR, namely, Amit Kumar was later made an accused

          as tab was recovered from his house, which amply demonstrates

          that Amit had instituted a false case only with a view to siphon

          off the money, tab and mobile of the company for which he was

          working. It is submitted that petitioner will not abscond rather

          will cooperate in the investigation to prove his innocence. It is

          next submitted that Amit Kumar had approached this court

          seeking regular bail by filing Cr. Misc No. 28061 of 2025 and

          the same came to be allowed by an order dated 5-8-2025 by a

          learned Co-ordinate Bench.

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

          anticipatory bail of the petitioner.

                   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. 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 Manihari P.S. Case No. 241 of 2023, subject to the
              Patna High Court CR. MISC. No.18822 of 2026(2) dt.02-04-2026
                                                          3/3




                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

Continue reading with your account

Checking your session…