Patna High Court
Bindeshwari YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Bindeshwari Yadav, a 76‑year‑old senior citizen, was implicated in a case of alleged loot, firing, and extortion based on a confessional statement of another accused, though his name does not appear in the FIR. He sought anticipatory bail, arguing that the confessional statement lacks evidentiary value and that the allegations are vague and omnibus. The State opposed the bail, contending the seriousness of the offences listed under the B.N.S. 2023 and the Arms Act. The court examined the merits of the petition, the senior citizen status of the petitioner, and the precedent of anticipatory bail granted to a co‑accused. It concluded that bail could be granted subject to conditions under Section 482(2) of the B.N.S.S. The court ordered that, if arrested or surrendered within six weeks, the petitioner be released on anticipatory bail upon furnishing bail bonds and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious charges under Sections 191, 190, 308, 303, 109, 352 of the B.N.S. 2023 and Section 27 of the Arms Act.
- Whether a confessional statement of another accused, without the petitioner’s name in the FIR, can form a basis to deny anticipatory bail.
- Whether the petitioner’s age and senior citizen status warrant the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- senior citizen
- confessional statement
- FIR
- extortion
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66648 of 2025
Arising Out of PS. Case No.-195 Year-2024 Thana- KHARIK District- Bhagalpur
======================================================
Bindeshwari Yadav S/o Late Shanichar Yadav R/o Village- Lattipur, P.S.-
Kharik, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kharik P.S. Case No.195/2024, registered for the offence
punishable under Sections 191(2), 191(3), 190, 308(2), 308(5),
303(2), 109, 352 of the B.N.S., 2023 and Section 27 of the Arms
Act.
3. Learned counsel for the petitioner submits that
petitioner is a senior citizen, aged about 76 years and has
antecedent of one case and allegation is of committing loot in
multiple shops at Lattipur chowk, including that of the
informant and also terrorized the area by firing 20-25 rounds
and also threatened the shopkeepers to pay extortion of
Rs.10,000/- each or face arson.
Patna High Court CR. MISC. No.66648 of 2025(2) dt.10-02-2026
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4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and his name transpired
during the course of investigation based on confessional
statement of apprehended accused in police custody, which does
not have any evidentiary value. It is also submitted that from
perusal of the allegation, as alleged in the FIR, it would
manifest that the allegations are general and omnibus in nature.
It is next submitted that petitioner is a senior citizen, aged about
76 years and came to be implicated in the instant case, based on
confessional statement. It is also submitted that earlier also in
similar manner, the petitioner was implicated. It is next
submitted that petitioner is not a criminal and similarly situated
co-accused Manish Kumar Yadav was granted the privilege of
anticipatory bail by an order dated 01.08.2025 in Cr. Misc.
No.52545/2025 passed by a learned Coordinate Bench.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.66648 of 2025(2) dt.10-02-2026
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of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Kharik P.S. Case No.195/2024, subject to the conditions as
laid down under Section 482(2) B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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