Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita — s. 2(1)(d), 482, 482(2)
- Bhartiya Nyay Sanhita — s. 109, 3(5), 61(2)
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
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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
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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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