Patna High Court
Upendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioners are entitled to anticipatory bail, subject to conditions prescribed under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioners sought anticipatory bail in a case registered under several offences of the Bhartiya Nyaya Sanhita, including extortion, assault, and robbery. The allegation was that petitioner No.1 demanded Rs.50,000 and threatened the informant, while petitioner No.2 allegedly assaulted the informant with a sharp iron rod, causing serious injuries, and co‑accused stole money and a gold chain. The petitioners argued that the injuries were simple, that there is a civil dispute and counter‑case, and that they have no prior criminal record. The State opposed the bail, contending the seriousness of the offences. After hearing both sides, the court granted anticipatory bail to the petitioners, subject to a bail bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted for offences under Sections 126(2), 115(2), 109, 76, 308(3) and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether the alleged conduct and seriousness of the offences justify denial of bail.
- Whether the petitioners' lack of prior criminal antecedents and the existence of a civil dispute affect the bail decision.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 308(3), 3(5), 76
Subjects
- anticipatory bail
- extortion
- assault
- robbery
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33151 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- JANKINAGAR District- Purnia
======================================================
1. Upendra Yadav S/o Late Sundar Lal Yadav Resident of Village - Rupauli
Gauth ward No. 7, P.S - Jankinagar, District - Purnea
2. Sujeet Kumar S/o Upendra Yadav R/o Village - Rupauli Gauth Ward No. 7,
P.S - Jamkinagar, District - Purnea
3. Sushila Devi W/o Upendra Yadav R/o Village - Rupauli Gauth Ward No. 7,
P.S - Jamkinagar, District - Purnea
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Anirudh Kumar, Advocate
For the Opposite Party : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Jankinagar P.S. Case No. 24 of 2026, registered for the
offence punishable under Section 126(2), 115(2), 109, 76,
308(3), 3(5) of the Bhartiya Nyaya Sanhita.
3. As per allegation, petitioner No.1 demanded
Rs.50,000.00 as extortion money and had threatened to kill the
informant, if he does not accede to his demand. It is alleged that
when the informant refused, he called his son Sujeet Kumar,
petitioner No.2, who came with a sharp iron rod and struck the
informant on his head with an intention to kill, causing serious
Patna High Court CR. MISC. No.33151 of 2026(2) dt.13-05-2026
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injuries. It has further been alleged that when informant’s wife
Asha Devi and his sons Prabhakar and Diwakar came to his
rescue, they were also assaulted by sticks and iron rods. It has
further been alleged that during the intervening assault, co-
accused Santosh Kumar Suman took out Rs.5,000.00 from the
informant’s pocket, while co-accused Sanjay Kumar snatched
gold chain from the neck of informant’s wife.
4. Learned counsel for the petitioners has submitted
that the injuries sustained by the informant is simple in nature,
and the same is specifically attributed to petitioner No.2. It has
further been submitted that there is case and counter case
between the parties and a civil litigation is also pending between
the parties. In the counter case, petitioners’ side has also
received injuries, which has remained unexplained. It has lastly
been submitted that though the injuries sustained by the
informant is grievous, but that is not specifically attributed to
these petitioners and the petitioners have got no criminal
antecedents.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
Patna High Court CR. MISC. No.33151 of 2026(2) dt.13-05-2026
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petitioners above named, in the event of their arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Judicial Magistrate 1st Class, Purnea, in
connection with Jankinagar P.S. Case No. 24 of 2026, subject to
the conditions as laid down under Section 482(2) of the Bhartiya
Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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