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Patna High Court

Subai Yadav @ Suwai Yadav @ Suboyi PrasadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.22748 of 2026(2) dt.16-04-2026
                                            2/3




          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
          Patna High Court CR. MISC. No.22748 of 2026(2) dt.16-04-2026
                                                      3/3




                    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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