Patna High Court
Rishi Yadav @ Rishideo @ Rishi RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail may be granted, subject to conditions, under Section 482(2) of the B.N.S.S. given the land dispute and the facts presented.
Summary
The petitioners, Rishi Yadav and Shiv Yadav, sought anticipatory bail in connection with a criminal case (Digha P.S. Case No. 979 of 2025) alleging extortion, robbery and other offences under the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.). The prosecution alleged that the petitioners, along with a co‑accused, threatened an informant, seized a cheque of Rs. 50,000, a watch and a gold chain, and demanded Rs. 5 lakh. The petitioners contended that they were falsely implicated due to a land dispute with the informant and that previous complaints against them had been dismissed as untrue. The State opposed the anticipatory bail. Considering the land dispute, the circumstances of the case and the parties' submissions, the Court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita
- Whether the allegations constitute sufficient ground for arrest in the present case
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 126(2), 304(2), 308(3), 3/5, 351(2), 482(2)
Subjects
- anticipatory bail
- land dispute
- extortion
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24101 of 2026
Arising Out of PS. Case No.-979 Year-2025 Thana- DIGHA District- Patna
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1. Rishi Yadav @ Rishideo @ Rishi Rai S/o- Late Lalbabu Rai R/o- Mohalla
Kurji Chasma Gali Nalapar P.s- Digha Dist- Patna
2. Shiv Yadav @ Shiv Ji Rai S/o- Late Lal Babu Rai R/o- Mohalla Kurji
Chasma Gali Nalapar P.S.- Digha Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Digha P.S. Case No. 979 of 2025, instituted under Sections
308(3), 351(2), 304(2), 126(2) and 3/5 of the B.N.S.
3. As per the prosecution case, on the date of
occurrence when the informant was going on his land and called
his worker for work, in the way, petitioners along with co-
accused Lal Babu Rai armed with weapon came and threatened
the informant for dire consequences and also snatched cheque of
Rs. 50,000/-, watch and golden chain from the informant. It is
alleged that the accused persons were demanding Rs. 5 lakhs as
Patna High Court CR. MISC. No.24101 of 2026(2) dt.17-04-2026
2/2
extortion from the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this case.
Petitioners are neighbour of the informant. Informant has not left any
land and was plastering his wall which was opposed by the
petitioners due to which the present case has been lodged against the
petitioners. Earlier also informant had falsely lodged a case through
his worker against the petitioners in which final form was submitted
by the police as not true. They undertake to co-operate in the
investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case,
submission of learned counsel for the parties and there is land dispute
between the parties, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioners be released
on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand)
each with two sureties of the like amount each to the satisfaction of
learned A.C.J.M. IX, Patna in connection with Digha P.S. Case No.
979 of 2025, subject to the conditions laid down in Section 482 (2) of
the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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