Patna High Court
Bikram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner Bikram Yadav sought anticipatory bail fearing arrest in a case alleging multiple serious offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that the petitioner and co‑accused assaulted an informant, attempted murder and extortion. The petitioner contended that the charge sheet contained only a generic allegation against him, with no specific overt act, and that the alleged assault with a farsa was directed at another co‑accused. The State opposed bail, arguing the seriousness of the offences. The Court examined whether the allegations were sufficient to deny bail and considered the scope of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Finding that the petitioner's involvement was not specifically detailed and that bail would not prejudice the investigation, the Court granted anticipatory bail subject to monetary and surety conditions. The order also referenced a prior anticipatory bail granted to another co‑accused.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 despite the serious nature of the offences alleged
- Whether the charge sheet contains specific allegations against the petitioner sufficient to deny bail
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 308(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- false implication
- specific allegation
- Section 482
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5506 of 2026
Arising Out of PS. Case No.-181 Year-2024 Thana- SONBERSHA RAJ District- Saharsa
======================================================
Bikram Yadav S/O Gango Yadav @ Gengo Yadav R/O Village- Chandi Sthan,
Jamhara, Ward No-9, P.S- Sonbarsa Raj, District-Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Gauri Shankar Gupta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Sonbarsa Raj P.S. Case No. 181 of 2024 instituted for the
offences under Sections 126(2), 115(2), 109, 308(2), 352,
351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 27 of the Arms Act.
3. Prosecution case, in short, is that while the
informant was parking his motorcycle, the accused persons,
including the petitioners, assaulted him with intent to kill. The
accused persons also assaulted him on the head with a Farsa
and fired shots. On an alarm being raised, they fled from the
spot and threatened the informant with dire consequences if one
lakh rupees was not paid.
Patna High Court CR. MISC. No.5506 of 2026(2) dt.03-02-2026
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4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. He further
submitted that specific allegation of farsa blow on the head of
informant is against co-accused Santlal Yadav. He further
submitted that co-accused Gango Yadav instigated others to kill
the informant. Learned counsel for the petitioner further submits
that other co-accused has been granted anticipatory bail by a
Co-ordinate Bench of this Court vide order dated 08.10.2025
passed in Cr. Misc. No. 70961 of 2025. It has been submitted on
behalf of the petitioner that the petitioner has one criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.5506 of 2026(2) dt.03-02-2026
3/3
Court below/concerned Court in connection with Sonbarsa Raj
P.S. Case No. 181 of 2024, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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