Patna High Court
Vijay Yadav @ Bijay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Vijay Yadav, sought anticipatory bail in a case (Gaya Kotwali PS Case No. 395 of 2024) alleging offences under Sections 316(2) and 318(4) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.). The prosecution alleged that miscreants threatened an informant and that co‑accused had cheated her of Rs 43.25 lakhs, with a vague allegation that the petitioner received Rs 4 lakhs via a stamp paper and Rs 3 lakhs in cash. The petitioner contended he was innocent, had no criminal antecedent, and that the alleged transactions were either immoral contracts or solely the acts of the co‑accused, who had already been granted anticipatory bail. The State opposed the bail. The court, after considering the nature of the allegations and the petitioner’s circumstances, granted anticipatory bail subject to a bail bond and sureties, imposing conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the allegations under Sections 316(2) and 318(4).
- Whether the nature of the alleged offences warrants denial of anticipatory bail.
- Whether the grant of anticipatory bail to co‑accused influences the petitioner's bail application.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 316(2), 318(4), 482(2)
Subjects
- anticipatory bail
- Bharitya Nagrik Suraksha Sanhita
- Section 316
- Section 318
- Section 482
- threat
- extortion
- cheating
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34307 of 2026
Arising Out of PS. Case No.-395 Year-2024 Thana- GAYA KOTWALI District- Gaya
======================================================
Vijay Yadav @ Bijay Yadav S/o Late Deonandan Yadav R/o vill - Rahim
Bigha, P.s- Chakand, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Adv
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Gaya Kotwali P.S. Case No. 395 of 2024
registered for the offences punishable under Sections 316(2) and
318(4) of the BNS.
3. As per the prosecution case, on 19.07.2024 at about
6:00 A.M., while the informant Madhuri Devi was walking in
Azad Park, three to four miscreants armed with loaded pistol
threatened her with dire consequences that all of the family
members would be killed if she lodges any case for refund of
the amount which was taken by them. It is alleged that in
January 2023, Vijay Yadav and Nawal Prasad, who are known to
her, introduced her to Dr. Uday Shankar Mishra and his son
Patna High Court CR. MISC. No.34307 of 2026(2) dt.18-05-2026
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Manish Mishra, assuring jobs for her children, and on that
pretext, along with Annu Mishra, collectively cheated her of
about Rs.43.25 lakhs through cash and online transactions.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the allegation of
taking money on false pretext of providing a job is against co-
accused Dr. Uday Shankar Mishra and his son Manish Mishra. It
has further been submitted that even accepting the case to be
true it was a case of immoral contract and not enforceable in the
eye of law. Moreover, there is no allegation that petitioner has
taken any money in lieu of the same and as per the allegation
the maximum transaction was done either through cash or
through bank account by co-accused Dr. Uday Mishra and Annu
Mishra and a vague allegation has been levelled against the
petitioner that he took Rs. 4 Lakhs after executing a stamp paper
regarding receipt of money and also Rs.3,00,000/- in cash.
Learned counsel for the petitioner has further submitted that co-
accused Dr. Uday Shankar Mishra and Anita @ Annu Mishra
have been extended the privilege of anticipatory bail by a Co-
ordinate Bench of this Court vide order dated 04.11.2025 passed
in Cr. Misc. No. 43213 of 2025, while another co-accused
Patna High Court CR. MISC. No.34307 of 2026(2) dt.18-05-2026
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person namely Nawal Prasad @ Nawal Kumar has also been
extended the privilege of anticipatory bail by order dated
16.04.2026 passed in Cr. Misc. No. 24466 of 2026. It has further
been submitted that the case of the petitioner stands on better
footing. It has lastly been submitted that petitioner has got no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Gaya Kotwali P.S. Case No. 395 of 2024,
subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
niku/- (Praveen Kumar, J)
U T
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