Created by Fuzzy Cloud

Patna High Court

Yogendra Chaudhary @ Yogendra YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner Yogendra Chaudhary sought anticipatory bail fearing arrest in a case registered under Sections 308(2) and 3(5) of the Bharatiya Nyaya Sanhita for alleged extortion and intimidation. He asserted a clean antecedent and claimed the informant’s allegations were false, contending that the extortion call originated from a different person and that the informant had filed a compromise petition which resulted in bail for the alleged mastermind, Jeevan Yadav. The informant opposed the bail, arguing that Jeevan is a dreaded criminal with multiple cases and that the petitioner was falsely implicated. The State’s counsel supported the informant’s position, while the petitioner’s counsel could not rebut the claim that no compromise existed between petitioner and informant. After evaluating the submissions, the Court declined to extend anticipatory bail, finding the petition unsubstantiated and rejecting the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
  • Whether the petitioner has been falsely implicated and whether a compromise exists between the informant and the petitioner.
  • Whether the allegations against the petitioner under Sections 308(2) and 3(5) of the Bharatiya Nyaya Sanhita merit arrest.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • false implication
  • compromise petition
  • Bharatiya Nyaya Sanhita
  • bail
  • criminal intimidation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22319 of 2026
                       Arising Out of PS. Case No.-364 Year-2025 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Yogendra Chaudhary @ Yogendra Yadav S/o Late Ramayan Chaudhary
                 Resident of Village- Ghanshyam Mathia, Nawka Tola, P.S.- Mairwa, District-
                 Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arbind Kumar Singh, Adv
                 For the Opposite Party/s :       Ms.Nirmala Kumari, APP
                                                  Mr. Md. Danish Quamar, Advocate
                                                  Ms. Madiha Moneer, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-05-2026               1.    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in connection

                   with Mairwa PS Case No. 364 of 2025, registered for the offences

                   punishable under Sections 308(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that dreaded criminal Jeevan Yadav called him from

                   mobile No. 8757461228 on his mobile No. 9431272900 and

                   demanded extortion of Rs. 10 lakh and threatened that if extortion

                   is not paid, his land would be captured and family killed, further

                   on 28-8-2025 Jeevan along with petitioner and two named accused
Patna High Court CR. MISC. No.22319 of 2026(2) dt.08-05-2026
                                            2/3




          came on his land and destroyed his maize crop worth Rs. 20,000/-

          and destroyed the boundary wall and committed theft of pumping

          set.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant.       It is next submitted that informant has filed a

          compromise petition before the learned trial court based on which

          Jeevan was granted bail on surrender and the case of the petitioner

          is on better footing.

                   5.     Learned counsel appearing on behalf of the informant

          opposes the anticipatory bail application and submits that Jeevan

          Yadav is a dreaded criminal who has more than 10 cases against

          him. It is next submitted that from perusal of the allegations as

          alleged in the FIR, it would manifest that informant had

          specifically alleged against Jeevan, petitioner and two others, but

          then during the course of investigation the mobile from which the

          extortion call came, it transpired that the same belong to one Gama

          with whom Jeevan has no connection. It is also submitted that

          Jeevan had approached this Court seeking anticipatory bail, but

          then the same came to be rejected, thereafter he surrendered before

          the learned trial court and based on a compromise he was released.

          It is next submitted that from perusal of the order by which the bail

          was granted to Jeevan, it would manifest that the same records that
              Patna High Court CR. MISC. No.22319 of 2026(2) dt.08-05-2026
                                                          3/3




                        informant was present in the court and he said that the person who

                        has surrendered is not the person against whom the FIR is

                        instituted, it is also submitted that this amply demonstrates that

                        how informant was coerced into submission to enter into a

                        compromise by a criminal. It is next submitted that informant

                        specifically alleged against Jeevan, petitioner and two others, but

                        under fear the compromise was filed. It is further submitted that

                        informant has not compromised with the petitioner.

                                 6.     Learned counsel appearing on behalf of the petitioner

                        is not in a position to rebut the submission of the learned counsel

                        appearing on behalf of the informant that no compromise has been

                        entered in between the petitioner and the informant.

                                 7.     Considering the submission made by learned counsel

                        appearing on behalf of the informant, the Court is not inclined to

                        extend the privilege of anticipatory bail to the petitioner.

                                 8.     Accordingly, the prayer for anticipatory bail of the

                        petitioner is rejected.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.