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Patna High Court

Anil Yadav @ Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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