Patna High Court
Anil Yadav @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied because the presence of a confessional statement and recovered items created sufficient grounds to believe the petitioner may be involved in the offence.
Summary
The petitioner, Anil Yadav, sought anticipatory bail after being implicated in a case of extortion under Sections 308(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that five unknown persons forced a victim to pay Rs.10,000, and the petitioner’s name appeared only through a co‑accused’s confessional statement. The petitioner argued innocence, lack of possession of the stolen money or weapon, and a clean criminal record. The State opposed bail, noting that Rs.10,000 and a country‑made pistol were recovered from the co‑accused’s house, suggesting a link to the alleged crime. The Court, considering the circumstances, declined to grant anticipatory bail and ordered the petitioner to surrender within six weeks for a regular bail application before the trial court.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Sections 308(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 when the only evidence is a co‑accused’s confessional statement and recovery of money and a weapon from the co‑accused’s premises.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 308(5), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- confessional statement
- extortion
- co‑accused
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22754 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Anil Yadav @ Anil Kumar son of Mahendra Yadav @ Mahendra Kapar
Resident of village- Mahangua, Ps- Kundwa Chainpur, Dist- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, 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 Kundwa Chainpur P.S. Case No. 332 of 2025, dated
06.12.2025, lodged under Sections 308(5) & 3(5) of the Bhartiya
Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”),
pending before the Court of Judicial Magistrate-1st Class,
Sikarahana at Dhaka, Motihari, East Champaran.
3. As per the prosecution, FIR has been lodged against
five unknown accused persons alleging that they forcibly
demanded and extorted Rs. 10,000/- from the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that nothing has been recovered from the
conscious possession of the petitioner. Counsel further submits
that the petitioner’s name has figured in this case by virtue of the
Patna High Court CR. MISC. No.22754 of 2026(2) dt.16-04-2026
2/2
confessional statement of a co-accused. Counsel also submits
that the criminal antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that although the petitioner’s
name has figured in this case on the basis of the confessional
statement of a co-accused, Rs. 10,000/- and a country-made
pistol have been recovered from the house of the co-accused.
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 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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