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Patna High Court

Bindeshwari YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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