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Patna High Court

Sanjay Yadav @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied anticipatory bail, holding that the gross, unexplained delay and the petitioner’s criminal antecedents preclude grant of bail.

Summary

The petitioner, Sanjay Yadav, sought anticipatory bail in a case registered in 2016 under several sections of the Indian Penal Code and the Arms Act, fearing arrest. The State opposed, highlighting the petitioner's two prior criminal records and the ten‑year delay in filing the bail application without any satisfactory explanation. The court examined the significance of the unexplained delay and the petitioner’s antecedents. It found that the delay was gross and unexplained, and there was no reasonable apprehension of imminent arrest. Consequently, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted despite a ten‑year delay in filing the application
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • delay
  • criminal antecedents
  • IPC
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20793 of 2026
                      Arising Out of PS. Case No.-193 Year-2016 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Sanjay Yadav @ Sanjay Kumar son of Budhan Yadav Resident of Village -
                 Ismail Nagar, Ward No. 08, Police Station - Bakhari, District - Begusarai
                 (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :        Dr. Ajeet Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Bakhri P. S. Case

                   No. 193 of 2016 registered for the offences punishable under

                   Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code

                   and Section 27 of the Arms Act.

                                3. Learned A.P.P. for the State vehemently opposed

                   the bail application and submitted that petitioner has got two

                   criminal antecedents and has moved this application in

                   connection with a case registered in the year 2016 i.e., after a

                   lapse of about ten years and there is no plausible explanation for

                   the same. The present application is highly belated and it

                   appears that the petitioner has got no reasonable apprehension

                   of arrest in the case.
              Patna High Court CR. MISC. No.20793 of 2026(2) dt.21-04-2026
                                                          2/2




                                     4. Considering the gross unexplained delay in moving

                        this pre-arrest bail application, prayer for grant of anticipatory

                        bail to the petitioner is rejected.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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