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Patna High Court

Sanjay Kumar @ Sanjay Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing release on a bond with sureties subject to statutory conditions.

Summary

The petitioner, Sanjay Kumar Yadav, was named in an FIR for offences under several sections of the Bihar Negotiable and Smuggling (BNS) Act and Section 27 of the Arms Act, relating to the alleged extortion of Rs.10 lakh, threats to life, and opening fire on an informant after a co‑accused had blackmailed the informant’s minor daughter. The petitioner’s counsel argued that the allegations were vague, omnibus, and that he was implicated merely as a friend of the main accused, Amit Kumar. The State opposed the bail application. The Court examined the nature of the accusations and, noting their generality, directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS Act. The order effectively granted bail while the criminal case remains pending.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the charges including extortion, threats, and alleged firing.
  • Whether the allegations against the petitioner are sufficiently specific to deny bail.

Legislation cited

Subjects

  • bail
  • extortion
  • blackmail
  • child pornography
  • arms act
  • criminal procedure
  • Section 438 CrPC
  • Section 482 BNS
  • general allegations
  • omnibus

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27160 of 2026
                   Arising Out of PS. Case No.-26 Year-2026 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Sanjay Kumar @ Sanjay Kumar Yadav S/o Late Gagandeo Ray Resident of
                 Village- Bara Jayram, P.S- Chiraiya, District- East Champaran
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dewanand Tiwari
                 For the Opposite Party/s :       Mr.Anish Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   28-04-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Chiraiya P.S.

                   Case No. 26 of 2026 registered for the offences punishable

                   under Sections 126(2), 115(2), 351(2), 352 and 3(5) of the

                   BNS and Section 27 of the Arms Act.

                                3. As per FIR, one of the co-accused captured the

                   photo of minor daughter of informant aged about 13 years

                   and, thereafter created her morphed photographs and

                   started blackmailing her. In course to delete the aforesaid

                   photographs, informant came to the house of the accused

                   Amit Kumar, but could not open his mobile, whereafter it

                   was taken by him. Consequent upon accused Amit Kumar
Patna High Court CR. MISC. No.27160 of 2026(2) dt.28-04-2026
                                            2/3




          along with other co-accused persons including this petitioner

          came to the house of informant and demanded Rs. 10 lakh

          as extortion and also threatened to life. Petitioner also

          alleged to open fire upon informant.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that allegation against the petitioner

          is very much general and omnibus qua demand of

          extortion/rangdaari for Rs. 10 lakhs and also for opening fire

          upon informant, this petitioner was implicated only for the

          reason that he is the friend of main co-accused Amit Kumar,

          who alleged to capture the photo of daughter of informant,

          where after the entire occurrence took place. While

          concluding arguments, it is submitted that petitioner found

          involved in two more criminal cases, where he is on bail.

                          5. Learned APP opposes the prayer of bail.

                        6. In view of aforesaid factual submission and by

          taking note of fact as allegation against the petitioner is very

          much general and omnibus qua demanding extortion and

          also open fire upon informant, accordingly petitioner above-

          named, in the event of his arrest or surrender before the
               Patna High Court CR. MISC. No.27160 of 2026(2) dt.28-04-2026
                                                           3/3




                         court below within a period of four weeks, is directed to be

                         released on bail,           furnishing bail bond of Rs. 10,000/-

                         (Rupees Ten Thousand) with two sureties of the like amount

                         each to the satisfaction of the learned SDJM, East

                         Champaran at Motihari/concerned Court, where the case is

                         pending in connection with Chiraiya P.S. Case No. 26 of

                         2026, subject to the conditions as laid down under Section

                         438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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