Patna High Court
Sanjay Kumar @ Sanjay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 27
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
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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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