Patna High Court
Subai Yadav @ Suwai Yadav @ Suboyi PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Petitioner Subai Yadav sought anticipatory bail in a case (PS Case No. 333 of 2025) filed under Sections 126(2), 115(2), 307, 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging that he, along with others, pointed a pistol at an informant and snatched Rs. 11,000. The petitioner claimed innocence, alleging the case stemmed from a pre‑existing land dispute and that the FIR was lodged ten days after the alleged incident. The State opposed bail, highlighting three pending criminal cases against the petitioner. The High Court, after hearing both sides, declined to grant anticipatory bail, directing the petitioner to surrender within six weeks and to have his bail application considered by the trial court on its merits. The order effectively rejected the anticipatory bail petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the provisions of the Bhartiya Nyaya Sanhita, 2023.
- Whether the delay of ten days in lodging the FIR and the petitioner’s criminal antecedent justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 307, 3(5), 351(2), 352
Subjects
- anticipatory bail
- Bhartiya Nyaya Sanhita
- criminal antecedent
- delay in FIR
- land dispute
- theft
- intimidation
- section 307
- section 352
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22748 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- JAHANABAD District- Jehanabad
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Subai Yadav @ Suwai Yadav @ Suboyi Prasad S/o- Late Chandradev Yadav
Resident of Village- Bhelavar PS- Kako District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhumay Madhup, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Jehanabad P.S. Case No. 333 of 2025, dated 28.04.2025,
lodged under Sections 126(2), 115(2), 307, 351(2), 352 & 3(5)
of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as
“BNS, 2023”), pending before the Court of A.C.J.M.,-1 at
Jehanabad.
3. As per the prosecution, an FIR has been lodged
against four named accused persons, including the present
petitioners, alleging that all the accused persons surrounded the
informant and pointed a pistol at his body. The specific
allegation against the petitioner is that he snatched Rs. 11,000/-
from the informant’s pocket. It has further been alleged that this
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incident was carried out with a view to put pressure for
compromise in different cases.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the present case has been lodged due to a
pre-existing land dispute between the informant and the relative
of the petitioner, and solely on account of the petitioner being a
relative, his name has been implicated in this case. Counsel
further submits that there is a delay of 10 days in lodging the
FIR, as it is evident from the FIR that the occurrence took place
on 18.04.2025, whereas the FIR was lodged on 28.04.2025.
Counsel further submits that the criminal antecedent of the
petitioner is not clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean as three criminal cases are pending
against him.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
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the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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