Patna High Court
Raj Babbar Yadav @ Babbar Yadav @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a Rs 10,000 bond, two sureties and conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Raj Babbar Yadav, was arrested in connection with a case alleging extortion, assault and other offences under several sections of the Bihar Negotiable (BNS) Act, 2023. The prosecution alleged that he and co‑accused stopped an informant’s vehicle, demanded money, snatched a gold chain and fractured the informant’s head with a gun. The petitioner claimed he was falsely implicated due to local political rivalry and that the alleged injuries were simple. The court considered the nature of the allegations, the simple injuries, the charge‑sheet, and the petitioner’s prolonged custody since September 2025. Weighing these factors, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and additional safeguards.
Issues considered
- What is the appropriate bail disposition for offences under Sections 126(2), 115(2), 118(2), 308(2), 109(1), 303(2) and 3(5) of the BNS Act, 2023?
- Does the nature of the alleged injuries and the petitioner’s custody period justify granting bail under Section 480(3) of the BNSS?
Subjects
- bail
- extortion
- assault
- political victimisation
- Bihar criminal law
- Section 480(3)
- BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5855 of 2026
Arising Out of PS. Case No.-10 Year-2025 Thana- SAHEBPUR KAMAL District- Begusarai
======================================================
Raj Babbar Yadav @ Babbar Yadav @ Sanjay Kumar, Son of Chandi Yadav,
resident of Village-Rajaura, P.S -Sahebpur Kamal, District -Begusarai
... ... 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.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sahebpur Kamal P.S. Case No. 10 of 2025,
registered for the alleged offence under Sections 126(2), 115(2),
118(2), 308(2), 109(1), 303(2) and 3(5) of BNS, 2023.
3. As per the prosecution case, the petitioner and other
co-accused persons stopped the vehicle of the informant and
demanded Rs.50,000/- in extortion. On saying of co-accused
Chandi Yadav, other co-accused persons pulled the informant
out from his vehicle and snatched his gold chain and this
petitioner fractured the head of the informant with butt of his
gun.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.5855 of 2026(2) dt.04-02-2026
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no occurrence in the manner as alleged has ever taken place.
The petitioner has been falsely implicated due to local politics
as the cousin of the petitioner is Sarpanch of the village. The
informant and others had been teasing the females of the village
and this was opposed by this petitioner and others and in
retaliation thereof, the present case has been lodged. The learned
counsel further submits that injuries are stated to be simple in
nature. The petitioner is in custody since 12.09.2025 and charge
sheet has been submitted. The petitioner is having antecedent of
12 cases, but he has been acquitted in one such case and all the
cases have been lodged due to land dispute and village politics.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
nature of allegation and simple nature of injuries attributed to
the petitioner and further considering the submission of charge
sheet against the petitioner and his period of custody, the
petitioner is directed to be released on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-IV, Begusarai/court concerned, in
Patna High Court CR. MISC. No.5855 of 2026(2) dt.04-02-2026
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connection with Sahebpur Kamal P.S. Case No. 10 of 2025,
subject to the conditions mentioned in Section 480 (3) of BNSS
and also the following conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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