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Patna High Court

Santosh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners with specified conditions.

Summary

Santosh Yadav and Mukesh Yadav were named in an FIR for alleged firing in a land dispute, alongside 15 others. They filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, claiming innocence and noting the FIR shows no victim. The State opposed bail, highlighting the petitioners' multiple prior criminal antecedents. The Court, after considering the lack of alleged injury and the petitioners' claims, granted anticipatory bail subject to a Rs.30,000 bond, a family bailor, regular court appearances, and verification of antecedents. The order also stipulated cancellation of bail if the petitioners conceal any prior cases or fail to appear.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482 of the BNSS, 2023 despite their prior criminal antecedents
  • Whether the absence of a victim in the FIR justifies granting bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • land dispute
  • FIR
  • Section 482
  • BNSS 2023
  • Bhartiya Nyay Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5773 of 2026
                     Arising Out of PS. Case No.-244 Year-2025 Thana- CHAUTHAM District- Khagaria
                 ======================================================
           1.     Santosh Yadav S/o Late Rajendra Yadav R/o Village- Sahorva, P.S.-
                  Chautham, Distt.- Khagaria
           2.    Mukesh Yadav S/o Late Ram Balak Yadav R/o Village- Sahorva, P.S.-
                 Chautham, Dist.- Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                      Heard Learned Counsel for the petitioners and

                   Learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioners who apprehend arrest

                   in connection with Chautham P.S. Case No. 244 of 2025, lodged

                   on 01.09.2025, under Sections 109/61(2)/3(5) of the Bhartiya

                   Nyay Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   17 named accused persons including the present petitioners with

                   allegation of firing on account of land dispute.
Patna High Court CR. MISC. No.5773 of 2026(2) dt.12-03-2026
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                       4. Learned Counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel submits that due to alleged land dispute their names

          have figured in this case at the instance of the informant side.

          Counsel submits that from the FIR itself it is crystal clear that

          there is no victim due to firing. Counsel submits that other co-

          accused persons having criminal antecedent have been granted

          anticipatory bail by a coordinate Bench of this Court vide order

          dated 28.01.2026 passed in Cr. Misc. No.632 of 2026. Counsel

          submits that the only negative aspect in this case is that

          antecedent of the petitioners are not clean. Against petitioner

          No.1 there are five criminal antecedentw and against petitioner

          No.2 there are three criminal antecedents.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that from the FIR there is no

          allegation of injury to anyone but antecedent of the petitioners

          are not clean.

                       6. In the present facts and circumstances of this case,

          let the above named petitioners be released on anticipatory bail,

          in the event of arrest or surrender before the learned Court

          below within a period of 4 weeks from today, on furnishing bail

          bond of Rs.30,000/- (Rupees Thirty Thousand) each as
Patna High Court CR. MISC. No.5773 of 2026(2) dt.12-03-2026
                                            3/4




          mentioned in Section 2(1)(d) of the BNSS, 2023 to the

          satisfaction of        Chief Judicial Magistrate,             Khagaria, in

          connection with Chautham P.S. Case No.244 of 2025, subject to

          the conditions as laid down U/s 482(2) of the BNSS, 2023:

                       (i) One of the bailor should be the family member of

          the petitioners who shall provide official document to show his

          bona fide;

                       (ii) The petitioners shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason    will   entail

          cancellation of their bail bonds by the Trial Court itself;

                       (iii) Petitioners shall satisfy the Trial Court that they

          are not absconding in any of the following cases pending against

          them.

                       Petitioner No.1 has following criminal antecedents in

          which he is on bail:

                       (i). Chautham P.S. Case No.235 of 2019,

                       (ii) Chautham P.S. Case No.32 of 2015,

                       (iii) Chautham P.S. Case No.266 of 2023,

                       (iv) Chautham P.S. Case No.299 of 2021,

                       (v). Chautham P.S. Case No.329 of 2024,

                       Petitioner No.2 has following criminal antecedents in
          Patna High Court CR. MISC. No.5773 of 2026(2) dt.12-03-2026
                                                      4/4




                    which he is on bail:

                                 (i). Chautham P.S. Case No.97 of 2025,

                                 (ii) Chautham P.S. Case No.32 of 2025,

                                 (iii) Chautham P.S. Case No.329 of 2024,

                                 7. And further condition that the Trial Court shall

                    verify the criminal antecedents of the petitioners and in case at

                    any stage it is found that the petitioners have concealed their

                    criminal antecedent, the Trial Court shall take step for

                    cancellation of bail bond of the petitioners.              However, the

                    acceptance of bail bonds in terms of the above mentioned order

                    shall not be delayed for purpose of or in the name of

                    verification.



                                                                        (Dr. Anshuman, J)
    Mkr./-

U     T


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