Patna High Court
Sanjay Yadav @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 324, 341, 379/34
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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