Patna High Court
Bipin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to bond and surety conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, a group of Yadavs from Athmalgola, sought bail fearing arrest in a case registered under IPC sections 307, 379 and 364, alleging that the FIR only implicated co‑accused Ajeet Yadav and Azad Yadav in demanding Rs.50 lakh at gunpoint and assaulting the informant. Their counsel argued that no specific overt act was alleged against the petitioners, who are merely co‑villagers of the informant. The State opposed the bail application. The Court examined whether the lack of a specific overt act against the petitioners justified bail and considered the provisions of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Finding the petitioners not directly implicated, the Court allowed bail on the condition of a Rs.10,000 bond with two sureties each, to be satisfied before the Sub‑Divisional Judicial Magistrate, Barh, Patna.
Issues considered
- Whether bail should be granted to the petitioners despite the FIR naming co‑accused in a serious offence
- Whether the absence of a specific overt act against the petitioners warrants bail
- Applicability of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 307, 364, 379
Subjects
- bail
- IPC
- section 307
- section 379
- section 364
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- overt act
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54079 of 2024
Arising Out of PS. Case No.-134 Year-2020 Thana- ATHMALGOLA District- Patna
======================================================
1. Bipin Yadav SON OF LATE RAM LOLINE YADAV R/v - Chanda, p. s. -
Athmalgola, District - Patna
2. AZAD YADAV SON OF LATE RAMSWARTH YADAV @ RAM
SWARTH SINGH @ KAILLU YADAV R/v - Chanda, p. s. - Athmalgola,
District - Patna
3. SALUN YADAV @ SELUN YADAV SON OF LATE RAMSWARTH
YADAV @ RAM SWARTH SINGH @ KAILLU YADAV R/v - Chanda, p.
s. - Athmalgola, District - Patna
4. RBIN YADAV SON OF BHUNDEV YADAV @ RAMSURTH SINGH @
KAILLU YADAV R/v - Chanda, p. s. - Athmalgola, District - Patna
5. SANJEET YADAV @ BIDHYAK SON OF LATE RAMSWARTH YADAV
@ RAM SWARTH SINGH @ KAILLU YADAV R/v - Chanda, p. s. -
Athmalgola, District - Patna
6. JAYANTRI KUMAR @ JAYANTRI YADAV SON OF UPENDRA YADAV
R/v - Chanda, p. s. - Athmalgola, District - Patna
7. GORELAL YADAV SON OF LATE RAM LOLIN YADAV R/v - Chanda,
p. s. - Athmalgola, District - Patna
8. RAKESH KUMAR @ RAKESH YADAV SON OF SHANKAR YADAV
R/v - Chanda, p. s. - Athmalgola, District - Patna
9. PANKAJ KUMAR @ PANKAJ YADAV SON OF SHANKAR YADAV R/v
- Chanda, p. s. - Athmalgola, District - Patna
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Kumari Sujata Sinha, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 05-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 307/379/364 and other
allied sections of the IPC.
Patna High Court CR. MISC. No.54079 of 2024(5) dt.05-02-2026
2/2
3. As per FIR, all the FIR named accused persons
including these petitioners demanded Rs.50 lacs from the
informant on the point of pistol and assaulted him.
4. Learned counsel appearing for the petitioners
submits that specific overt act of demanding rangdari on the
point of pistol is against co-accused Ajeet Yadav and Azad
Yadav and no specific overt act has been alleged against these
petitioners. Petitioners are co-villagers of informant.
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the facts of the case, prayer for bail of
these petitioners is allowed. In the event of arrest/surrender
within a period of eight weeks from today, let these petitioners,
named above, be enlarged 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 Sub Divisional Judicial
Magistrate, Barh, Patna in Athmalgola Police Station Case No.
134 of 2020, subject to the conditions laid down under section
482 Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Shashi
U T
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