Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to bail bond and surety conditions.
Summary
Petitioner Sanjay Yadav sought anticipatory bail in a murder case (Case No. 756 of 2019) registered under IPC sections 302, 201, 120(B) and 34, where the deceased was found hanging from a tree. He contended that he is innocent, has a clean antecedent, and that the co‑accused Rajesh Yadav had earlier been granted anticipatory bail in a similar matter. The petitioner argued that the diary entry concerning his daughter’s alleged affection for the deceased was inconsequential. The State opposed the bail on the ground of the seriousness of the offences. The Court examined the allegations, the petitioner’s claim of false implication, and the precedent of the earlier bail order, and applied the provisions of Section 438 of the CrPC and Section 482(2) of the BNSS, 2023. It ordered that the petitioner be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties of the same amount, and the conditions prescribed under the cited statutes.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations of murder, culpable homicide not amounting to murder, and conspiracy.
- Whether the precedent of anticipatory bail granted to a co‑accused in a similar case is applicable.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 120(B), 201, 302, 34
Subjects
- anticipatory bail
- murder
- IPC 302
- false implication
- Criminal Procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73498 of 2025
Arising Out of PS. Case No.-756 Year-2019 Thana- FORBESGANJ District- Araria
======================================================
Sanjay Yadav son of Late Madhusudan Yadav Resident of Village-
Bhagwanpur Ward No. 8, P.S.- Banmaltahri, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
Mr. Nadimul Hasan, Advocate
For the State : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
Forbisganj P.S. Case No. 756 of 2019 registered under Sections 302,
201, 120(B), 34 of the IPC.
3. As per allegation, the informant’s son went out of his
house but did not return. On search, his dead body was found
hanging with a tree.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in the
present case. He has further submitted that co-accused Rajesh Yadav
has been granted privilege of anticipatory bail on similar footing vide
order dated 27.02.2024 in Cr. Misc. No. 56574 of 2023. It has further
been submitted that the learned Court below has mentioned in its
order that paragraph-50 of the case diary which contains the
Patna High Court CR. MISC. No.73498 of 2025(4) dt.16-02-2026
2/2
statement daughter of the petitioner, shows that she had love and
affection with the deceased but from perusal of the same, it appears
that there is nothing which shows that daughter of the petitioner had
love and affection with the deceased. The petitioner is a person of
clean antecedent.
5. Learned APP has opposed the prayer for anticipatory
bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest/surrender before
the learned court below within a period of four weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M.-I, Araria, District-Araria in connection
with Forbisganj P.S. Case No. 756 of 2019, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure/482(2) of the BNSS, 2023.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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