Patna High Court
Suresh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioners subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, residents of Shahpur village, sought bail after being implicated in a complaint alleging robbery at gunpoint on 11 February 2025 and a subsequent assault and theft on 11 March 2025, both under Sections 115(2) and 308(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution argued that the accused, motivated by a land dispute, intercepted the complainant and stole cash. The petitioners contended they were falsely implicated, highlighted the unexplained delay in filing the complaint (first lodged on 19 March 2025 despite the alleged incidents occurring earlier), and pointed out the absence of an immediate FIR and their clean criminal record. The court examined the delay, the lack of immediate police action, and the possibility of the petitioners fleeing or tampering with evidence. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted bail with a bond of Rs.10,000 and two sureties, subject to conditions, and ordered release if they surrendered within six weeks.
Issues considered
- Whether bail should be granted to the accused under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the allegations of robbery and assault.
- Whether the delay in filing the complaint creates reasonable doubt about the veracity of the prosecution's case.
- Whether the accused are likely to flee, tamper with evidence, or otherwise obstruct the investigation if released on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 126, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 308(2)
Subjects
- bail
- robbery
- assault
- theft
- land dispute
- delay in complaint
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32493 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- COMPLAINT CASE - ROSERA
District- Samastipur
======================================================
1. Suresh Yadav S/o Yogi Yadav R/o Village - Shahpur, Ward no. 4, P.S. -
Rosera, Dist. - Samastipur.
2. Balram Kumar S/o Suresh yadav R/o Village - Shahpur, Ward no. 4, P.S. -
Rosera, Dist. - Samastipur.
3. Soni Kumari W/o Balram Kumar R/o Village - Shahpur, Ward no. 4, P.S. -
Rosera, Dist. - Samastipur.
4. Rita Devi @ Sita Devi W/o Suresh Yadav R/o Village - Shahpur, Ward no. 4,
P.S. - Rosera, Dist. - Samastipur.
5. Krishna Kumar Yadav S/o Suresh Yadav R/o Village - Shahpur, Ward no. 4,
P.S. - Rosera, Dist. - Samastipur.
... ... Petitioner/s
Versus
1.The State of Bihar
2. Amit Kumar son of SomanYadav residnet of village Shahpur Ward no.4
PS Rosera Dist. Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shishir Kumar Shishir, Advocate
Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with
Complaint Case No. 213 of 2025 instituted under Sections
115(2) and 308(2) of the Bharatiya Nyaya Sanhita, 2023.
3.The prosecution case, in short, is that due to prior
enmity between the parties and pendency of a proceeding under
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Section 126 of the Bharatiya Nagarik Suraksha Sanhita before
the learned S.D.M., Rosera, the accused persons including the
petitioners allegedly intercepted the complainant on 11.02.2025
while he was returning from the bank and snatched a sum of Rs.
80,000/- from him at gunpoint. It is further alleged that although
the matter was brought to the notice of the police authorities, no
action was taken. The complainant has further alleged that on
11.03.2025 all the accused persons again came to his house,
assaulted him as well as the witnesses and committed theft of
Rs. 25,000/- kept in a box inside the house.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It is submitted that the allegations made in the
complaint petition are concocted. Learned counsel further
submits that although there is a specific allegation that on
11.02.2025 the petitioners along with other accused persons
allegedly intercepted the complainant while he was returning
from the bank after withdrawing Rs. 80,000/- and snatched the
said amount at gunpoint, but admittedly no F.I.R. or complaint
case was instituted immediately after the alleged occurrence.
The present complaint case has been filed only on 19.03.2025
after inordinate and unexplained delay, which itself creates
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serious doubt regarding the veracity of the prosecution story. It
is also submitted that only to justify the delay in filing the
complaint, the complainant has subsequently set up a concocted
story regarding an alleged occurrence dated 11.03.2025 relating
to assault and theft of Rs. 25,000/- from his house. Learned
counsel also submits that both parties are co-villagers and
neighbours and due to the admitted land dispute and pending
proceeding under Section 126 of the B.N.S.S., the petitioners
have been maliciously implicated with ulterior motive. It is
further submitted that petitioner no. 2 is a Railway employee
and petitioner no. 3 is a School Teacher. It is also submitted that
the petitioners have got no criminal antecedent.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on 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 J.M. 1st Class, Rosera, Samastipur, in Complaint Case
No. 213 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.
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7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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