Patna High Court
Sadhu Yadav @ Bhupendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The High Court granted anticipatory bail to the petitioner subject to a Rs 30,000 bail bond and the conditions prescribed under the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioner, Sadhu Yadav, sought anticipatory bail after an FIR was lodged under Sections 308(4), 308(5), 352, 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging that he threatened an informant with a pistol and demanded money. The petitioner claimed innocence, highlighted a clean criminal record except for two related cases, and noted that he had already been granted bail in a parallel case (Case No. 292 of 2025). The State opposed the bail, pointing out the seriousness of the allegations but also acknowledging the grant of anticipatory bail in the other case. The Court examined the merits, the principle of anticipatory bail under Section 2(1)(d) and Section 482(2) of the BNS, and the need to balance the petitioner’s liberty with the State’s interest. It ordered that anticipatory bail be granted for four weeks, subject to a bail bond of Rs 30,000 and specific conditions regarding family surety, court appearances, and non‑repetition of offences. The order aims to protect the petitioner from arrest while ensuring compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the FIR and related pending cases.
- Whether the conditions imposed under Section 2(1)(d) and Section 482(2) of the BNS are appropriate and sufficient.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 2(1)(d), 308(4), 308(5), 3(5), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- Bhartiya Nyaya Sanhita
- Section 308
- Section 352
- bail conditions
- high court order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7453 of 2026
Arising Out of PS. Case No.-291 Year-2025 Thana- RAMPUR District- Gaya
======================================================
Sadhu Yadav @ Bhupendra Kumar son of Suresh Prasad Yadav @ Surendra
Kumar @ Surendra Prasad Resident of Village -Hanuman Nagar, Mustafabad,
PS- Rampur, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Mr. Vivek Kumar, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Rampur P.S. Case No. 291 of 2025, dated 16.06.2025,
lodged under Section 308(4), 308(5), 352, 351(3) & 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”).
3. As per the prosecution, FIR has been lodged
against two named accused persons, including the present
petitioner, alleging that the other co-accused threatened the
informant to execute the land in his favour, and the allegation
against the present petitioner is that, after such threats, he visited
the house of the informant with a pistol, abused and threatened
Patna High Court CR. MISC. No.7453 of 2026(4) dt.22-04-2026
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him, and demanded money, due to which there is extreme fear at
the informant’s house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that, in respect of the present occurrence, two
criminal cases have been lodged, one by the present informant
and another by the seller, and that, except for these, his criminal
antecedents are clean. Counsel further submits that, in the same
set of transactions, another case was lodged, i.e., Rampur P.S.
Case No. 292 of 2025, in which he has been granted bail, but in
the present case his anticipatory bail application has been
rejected by the Trial Court. Counsel further submits that the
petitioner is ready to fulfil all the conditions whatsoever that
may be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that, on the same set of
allegations, another criminal case was lodged in which the
petitioner has been granted anticipatory bail.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
Patna High Court CR. MISC. No.7453 of 2026(4) dt.22-04-2026
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bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Judicial Magistrate, First Class, Gaya, in
connection with Rampur P.S. Case No. 291 of 2025, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023 with
other following conditions:-
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself;
(iii) the petitioner shall desist from committing any
such type of criminal offence again, failing which the State shall
be at liberty to take steps for cancellation of the bail bonds.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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