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Patna High Court

Sandeep VishwakarmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted as the extortion allegation does not specifically implicate the petitioner and he possesses a clean antecedent.

Summary

The petitioner, Sandeep Vishwakarma, was named in an FIR for demolishing an informant’s house, demanding extortion money and assaulting family members. He applied for anticipatory bail, contending that the extortion allegation was directed only at co‑accused and that no specific charge of outraging modesty or demolition was made against him. The State opposed the bail. The court observed that the extortion charge was not specifically made out against the petitioner and that he has a clean antecedent. Accordingly, the court ordered that if he is arrested or surrenders within four weeks, he shall be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code and Section 482 of the Bhartiya Nagarik Suraksha Sanhita despite the allegations in the FIR?
  • Whether the specific allegations of extortion and outraging modesty can be said to apply to the petitioner?

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • demolition of property
  • assault
  • clean antecedent
  • Criminal Procedure Code
  • Bhartiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41203 of 2026
                       Arising Out of PS. Case No.-39 Year-2026 Thana- Charkapathar District- Jamui
                 ======================================================
                 Sandeep Vishwakarma S/o Basudeo Mistree Resident of Village-
                 Bichachhagah, P.S.- Charkapathar, District- Jamui
                                                                          ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Binay Kumar, Advocate
                 For the Opposite Party/s :         Mr.Ajay Kumar Jha, APP
                 For the Informant        :         Mr.Sandeep Kr. Mandal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-06-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Charkapathar

                   P.S. Case No. 39 of 2026 registered for the offences

                   punishable under Sections 190, 190(2), 191(3), 115(2),

                   126(2), 76, 324(4), 329(5), 308(5), 309(2), 303(2), 351(2),

                   352 & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short,

                   the ‘B.N.S.’).

                             3. As per FIR, petitioner alongwith other named co-

                   accused persons demolished the house of the informant by

                   JCB Machine and also demanded extortion money of Rs. 10

                   Lakhs against construction of house. The lady members of
Patna High Court CR. MISC. No.41203 of 2026(2) dt.29-06-2026
                                            2/3




          the family were also assaulted by the co-accused persons

          during the occurrence.

                   4. Learned counsel appearing on behalf of the

          petitioner submitted that allegation of demanding extortion

          money is specifically available against the co-accused

          persons namely, Munna Barnwal, Dhiraj Baarnwal and

          Kailu Yadav and this petitioner implicated only being the

          member of the mob and out of previous enmity. It is also

          submitted that allegation of outraging the modesty and also

          to demolish the house of the informant is not available

          specific against this petitioner. Petitioner claimed clean

          antecedent.

                   5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                   6. In view of the aforesaid factual submissions and

          by taking note of the fact as allegation qua demand of

          extortion money not appears against this petitioner, who is a

          man of clean antecedent, accordingly, above-named

          petitioner, in the event of his arrest/surrender within a

          period of four weeks from this order, is directed to be

          enlarged on bail on furnishing of bail bond of Rs.10,000/-
           Patna High Court CR. MISC. No.41203 of 2026(2) dt.29-06-2026
                                                       3/3




                     (ten thousand only) with two sureties of the like amount

                     each       to     the      satisfaction        of    learned   A.C.J.M.,

                     Jamui/concerned court in connection with Charkapathar P.S.

                     Case No. 39 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C/Section 482(2) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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