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Patna High Court

Sanjay YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                                        3/3




                      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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