Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The court rejected the anticipatory bail application, directing the petitioner to surrender and seek regular bail.
Summary
The petitioner, Ashok Yadav, sought anticipatory bail in connection with a robbery case (Section 392 IPC) arising from PS Shahpur Case No. 344 of 2023. The prosecution alleged that the petitioner was named as an accomplice by a co-accused, Sandeep Kumar, and highlighted the petitioner’s prior criminal record. The petitioner’s counsel argued his innocence, while the State’s counsel opposed bail. The court examined the seriousness of the alleged offence and the co-accused’s testimony, concluding that the petitioner should surrender to the authorities and apply for regular bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the Criminal Procedure Code in a robbery case under Section 392 of the IPC.
- Whether the petitioner should be required to surrender and seek regular bail instead of being granted anticipatory bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- anticipatory bail
- robbery
- section 392 IPC
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21625 of 2026
Arising Out of PS. Case No.-344 Year-2023 Thana- SAHPUR District- Bhojpur
======================================================
Ashok Yadav Son of Late Bhikhari Yadav @ Bhikhari Singh Resident of
Village- Tetariya PS- Shahpur District -Bhojpur Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar Vivek, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr. Rama Kant Singh, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Sahpur P.S. Case No. 344 of 2023 for the
offence under section 392 of the Indian Penal Code lodged on
29.07.2023 by the informant, Sudhir Kumar Pandey.
3. As per the prosecution story, the informant alleged
that he alongwith his colleague after making collection for the
Utkarsh Bank, kept it in a blue bag. As they were returning on a
motorcycle, three persons riding a motorcycle, on the point of
pistol, took away the bag which contain the amount/mobile
phones and important cards. This led to the FIR.
4. Though learned counsel for the petitioner tried to
impress upon this Court about the innocence of the petitioner,
Patna High Court CR. MISC. No.21625 of 2026(2) dt.16-04-2026
2/2
learned APP submits that one co-accused, Sandeep Kumar has
been apprehended and he has named this petitioner to be an
accomplice as also the petitioner has criminal antecedent.
5. Considering the aforesaid facts, this Court is of the
opinion that the petitioner should surrender and seek bail.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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