Patna High Court
Bhola YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Bhola Yadav, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for alleged extortion, robbery of construction material, and firing at an informant at a construction site. The prosecution alleged that he and co‑accused threatened the informant with a firearm, demanded money, stole material, and attempted to shoot the informant when his demand was refused. The petitioner contended that he was falsely implicated, that the material seized was for his own house, and that he merely opposed poor‑quality construction, while also noting his seven prior criminal cases and custody since 22‑04‑2025. The State argued that he was a habitual offender. The court, after considering the seriousness of the offences, the period of custody and the framing of charges, granted bail on a Rs 10,000 bond with two sureties and imposed conditions under Section 480(3) of the BNSS, including regular court appearances and restrictions on absences.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences and his antecedent criminal record
- Whether the conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita are appropriate in this case
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 308(4), 351(2)(3), 352 r/w 3(5), 480(3)
Subjects
- bail
- criminal procedure
- extortion
- robbery
- attempted murder
- habitual offender
- Bharatiya Nyaya Sanhita
- Section 480(3)
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69596 of 2025
Arising Out of PS. Case No.-209 Year-2024 Thana- SHANKARPUR District- Madhepura
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Bhola Yadav S/o Late Bhumi Yadav R/o Village- Machhaha, Ward No. 02,
P.S.- Shankarpur, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Session Trial No. 177 of 2025 arising out of
Shankarpur P.S. Case No. 209 of 2024 registered for the alleged
offences under Sections 126(2), 115(2), 109, 303(2), 308(4),
351(2) (3), 352 r/w Section 3(5) of Bharatiya Nyaya Sanhita,
2023.
03. As per prosecution case, petitioner along with co-
accused persons came to the construction site where the
informant had been working as Munshi and threatening him with
firearm, demanded extortion. Subsequently, they carried away
the construction material kept at the site when their extortion
demand was not met. The petitioner and other co-accused
persons kept on pilfering the construction material from the site
Patna High Court CR. MISC. No.69596 of 2025(3) dt.06-01-2026
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from time to time. Lastly, on 28.11.2024, they further demanded
some construction material and when the informant refused, they
fired upon him but the shot missed the informant.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
The petitioner never demanded any extortion money from the
informant. The petitioner used to oppose about the poor quality
of materials being used in the construction of the building of
school in the village of the petitioner and he has been named in
this case under a conspiracy. The petitioner has also been
constructing his house in the village and the recovery of
construction material shown from the house of the petitioner is
the material collected by the petitioner for construction of his
house. Learned counsel further submits that the petitioner is
having antecedent of seven cases and is in custody since
22.04.2025. Charges have been framed against the petitioner.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
petitioner appears to be a habitual offender and carries antecedent
of seven criminal cases.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and framing of charge agaisnt
Patna High Court CR. MISC. No.69596 of 2025(3) dt.06-01-2026
3/3
him, the petitioner above named is directed to be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-IV, Madhepura/court concerned in
connection with Session Trial No. 177 of 2025 arising out of
Shankarpur P.S. Case No. 209 of 2024, subject to the conditions
mentioned in Section 480(3) of BNSS and 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.
(iv) The petitioner will appear before the police
station concerned in every fortnight till the
disposal of the case.
(Arun Kumar Jha, J)
Ashish/-
U T
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