Patna High Court
B.P. YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused for petitioner No.1.
Summary
Petitioner B.P. Yadav filed an anticipatory bail application in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault, robbery and homicide. The application for petitioner No.2 was withdrawn with the court’s permission. For petitioner No.1, the prosecution alleged that he participated in a violent raid on the informant’s house, assaulting family members and looting valuables, resulting in the death of the informant’s father. The petitioner contended that the FIR only specifically implicated other co‑accused and that no stolen items were found in his possession. The State and the informant opposed bail, highlighting specific accusations against the petitioner and his three prior criminal convictions. Considering the seriousness of the allegations and the petitioner’s antecedents, the court refused anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 under the Bharatiya Nyaya Sanhita in view of the alleged offences and his criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(2), 126(2), 303(2), 333, 3(5), 351(3), 352
Subjects
- anticipatory bail
- criminal antecedents
- assault
- robbery
- Bharatiya Nyaya Sanhita
- high court
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20549 of 2026
Arising Out of PS. Case No.-23 Year-2024 Thana- Pastpar Pusthi District- Saharsa
======================================================
1. B.P. Yadav S/o Kartik Yadav R/o vill - Jalaiya, ward no. 1, P.S.- Pastpar,
Distt.- Saharsa
2. Kartik Yadav S/o Late Bhola Yadav R/o vill - Jalaiya, ward no. 1, P.S.-
Pastpar, Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No 1, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
For the Informant : Mr. Raja Surendra Mohan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Learned counsel for the petitioners seeks permission
to withdraw this anticipatory bail application with regard to
petitioner no. 2.
2. Permission is granted.
3. This anticipatory bail application with regard to
petitioner no. 2 is, accordingly, dismissed as withdrawn.
4. Heard learned counsel for the petitioners, informant
and the State.
5. Petitioner no. 1 apprehends arrest in Pastpar P. S.
Case No. 23 of 2024 registered for the offences punishable
under Sections 126(2), 115(2), 118(2), 303(2), 109, 333, 352,
351(3), 3(5) of the Bharatiya Nyaya Sanhita to which Section
Patna High Court CR. MISC. No.20549 of 2026(2) dt.05-05-2026
2/3
103(1) BNS was added later on.
6. As per the prosecution story, the informant alleged
that on 05.09.2024, all the F.I.R. named accused persons,
including the petitioner, armed variously, forced themselves in
the house of the informant and on the order of co-accused
Kailash, this petitioner along with other accused persons
assaulted informant and his family members by butt of pistol.
During course of occurrence, co-accused persons looted cash,
jewellery and other documents from the house of informant.
Further omnibus allegation is against other accused persons of
assaulting the family members who all became unconscious and
were shifted to Primary Health Centre, Patarghat and then to
Saharsa/Madhepura. During the course of the treatment, the
father of the informant, namely Maheshwar Yadav died.
7. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Bare
perusal of the F.I.R. would show that specific accusation of
assault is against co-accused Kailash Yadav, Digambar, Satyam
and Murari Yadav. Allegation against petitioner is general and
omnibus. No looted articles have been recovered from
possession of the petitioner and police have not found the case
to be true under Section 303(2) BNS.
Patna High Court CR. MISC. No.20549 of 2026(2) dt.05-05-2026
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8. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application and submitted that petitioner is named in the F.I.R.
with specific accusation that he along with others assaulted
informant and his family members and looted cash and
jewellery from the his house. Petitioner has got three criminal
antecedents.
9. Considering the nature of accusation and criminal
antecedents, prayer for anticipatory bail of the petitioner no. 1 is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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