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Patna High Court

Bhola YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                            2/3




          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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