Patna High Court
Om Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to surrender, a bail bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Om Prakash Yadav, applied for anticipatory bail fearing arrest in a case (Kopa P.S. Case No. 72 of 2025) involving alleged offences under Section 309(4) of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that miscreants intercepted the petitioner’s truck, stole money and mobiles, and fired a weapon, and a co‑accused’s confessional statement implicated the petitioner. The petitioner contended he was innocent, had no criminal antecedent, and no material was recovered from him; the only link was the confessional statement. The State opposed bail. After hearing both sides, the court found the circumstances warranted granting anticipatory bail, subject to surrender, a bail bond of Rs. 10,000 with two sureties, and conditions under Section 482(2) of the B.N.S.S. The order directed the petitioner to appear before the lower court within four weeks.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under Section 309(4) B.N.S. and Section 27 Arms Act.
- Whether a co‑accused’s confessional statement alone is sufficient to justify denial of bail.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. justify the grant of bail.
Legislation cited
Subjects
- anticipatory bail
- Section 309
- Arms Act
- confessional statement
- bail bond
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30848 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- KOPA District- Saran
======================================================
Om Prakash Yadav S/O Ramayan Yadav Resident of village- Baldiha, P.S.
Kopa, District- Saran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Parasar, Advocate
Mr. Amrit Kumar, Advocate
Ms. Meghali Diksha, Advocate
Mr. Mohit Kumar, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Kopa P.S. Case No. 72 of 2025 instituted for
the offence under Section 309(4) of B.N.S. and Section 27 of
the Arms Act.
3. The case of the prosecution is that while the
informant was driving his sand-laden twelve wheelers truck
bearing Reg. No. UP64AT1229 along with co-driver towards
Siwan and as they reached near Baldiha Mandir, one black color
scorpio without number plate intercepted their truck and three
Patna High Court CR. MISC. No.30848 of 2026(2) dt.22-06-2026
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unknown miscreants took away Rs. 19,300/- from the co-driver
and two mobiles from the truck. It is also alleged that they have
made firing which did not hit anybody.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. From perusal of the FIR, it transpires that the FIR was
lodged against unknown miscreants and during course of
investigation, one Amrit Kumar Yadav was apprehended and he
has given his confessional statement. The name of this petitioner
has transpired in his confessional statement. Nothing has been
recovered from the possession of this petitioner. Save and
except confessional statement, there is nothing against him. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
Patna High Court CR. MISC. No.30848 of 2026(2) dt.22-06-2026
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in connection with Kopa P.S. Case No. 72 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Chapra at Saran/concerned court
subject to the conditions as laid down under section 482(2) of
B.N.S.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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