Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
In the absence of any material linking the petitioners to the alleged offences and given that the FIR specifically names unknown persons, the court granted anticipatory bail under Section 482(2) of the B.N.S.S.
Summary
The petitioners, five individuals from Supaul and Madhepura districts, sought anticipatory bail fearing arrest in a land‑dispute case (Pipra P.S. Case No. 264 of 2025) that alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that unknown assailants, not the petitioners, had attacked the informant and his brothers, snatched money and fired a shot. The petitioners contended they were falsely implicated, noting that the FIR specifically names three unknown persons and provides no material linking them to the alleged crime or the motorcycle used. The State opposed bail. The court, after considering the lack of evidentiary connection and the specific allegation against unknown persons, ordered that the petitioners be released on anticipatory bail subject to bond and surety conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the allegations against them.
- Whether the FIR and case diary contain sufficient material to justify the arrest of the petitioners.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126(2), 127(2), 303(2), 3(5), 351(3), 352, 482(2), 61(2)
Subjects
- anticipatory bail
- land dispute
- false implication
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26240 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- PIPRA District- Supaul
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1. Sanjay Yadav S/O Suren Yadav @ Surendra Yadav R/O Village- Pathra
South Ward no. 2, P.S.- Pipra, District- Supaul.
2. Prashant Kumar @ Deepak Kumar S/O Laleshwar Yadav R/O Village-
Pathra South Ward no. 2, P.S.- Pipra, District- Supaul.
3. Parvati Devi W/O Suren Yadav @ Surendra Yadav R/O Village- Pathra
South Ward no. 2, P.S.- Pipra, District- Supaul.
4. Vikas Kumar @ Niraj Kumar S/O Bhola Yadav R/O Village- Sukhasan , P.S-
Singheswar, Distt.- Madhepura.
5. Munna Kumar @ Ankesh Kumar S/O Bhola Yadav R/O Village- Sukhasan,
P.S.- Singheswar, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Singh, Adv.
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Pipra P.S. Case No. 264 of 2025 dated 08.08.2025, registered for
the offence punishable under Sections 127(2), 126(2), 61(2), 109,
351(3), 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that on account of
land dispute, the accused persons had developed animosity
towards the informant and were frequently visiting his residence,
hurling abuses, extending threats to his life and attempting to
Patna High Court CR. MISC. No.26240 of 2026(2) dt.22-04-2026
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obstruct the mutation proceedings and that a Panchayat convened
by the informant failed to yield any resolution and further on the
alleged date of occurrence, when the informant along with his
brothers, namely, Pappu Kumar Chauhan and Bablu Chauhan had
gone to the Pipra Circle Office on two motorcycles for the
purpose of mutation but returned due to absence of staff and while
returning at about 01:00 PM, upon reaching approximately 100
meters east of a gravel and Sand Mixer Plant near the main toll
between Nirmali and Pathra on NH-327M within Pipra Police
Station jurisdiction, they were allegedly intercepted by three
unknown persons riding an Apache motorcycle, who surrounded
them, abused and threatened them for purchasing the disputed land
and assaulted the informant as well as his brother and one of them
allegedly fired a shot from a firearm with an intention to kill the
informant, which missed the target and during the course of the
occurrence, a sum of ₹11,000/- was allegedly snatched from the
informant's pocket.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
this case. It is submitted that on perusal of the F.I.R. itself, it would
appear that there is land dispute between the parties and due to
which the petitioners have been made accused in this case. There
is specific allegation against three unknown accused persons. The
Patna High Court CR. MISC. No.26240 of 2026(2) dt.22-04-2026
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petitioners have no concern with the said accused persons. It is
further submitted that the petitioners have no concern with the said
motorcycle which was used in the said occurrence. Further, it is
submitted that there is no material in the case diary to connect the
petitioners in the present case. Lastly, it has been submitted that
petitioner no. 1 has one criminal case against him and petitioner
nos. 2 to 5 have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioners.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest / surrender of the petitioners within a period of six
weeks from today, in connection with Pipra P.S. Case No. 264 of
2025, they shall be released on anticipatory bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate-Ist Class, Supaul, subject to condition as laid down
under Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
U T
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