Patna High Court
Sharad Yadav @ Sharad Kumar @ Suraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Sharad Yadav, was arrested in connection with an alleged extortion and assault case (PS Case No. 10 of 2025) under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that he and co‑accused stopped a vehicle, demanded Rs. 50,000, snatched a gold chain and assaulted the informant with the butt of a gun. The petitioner contended that he was falsely implicated, no incriminating material was found on him, he was out of station on the date of the incident, and the allegations against him were merely speculative. The State opposed bail, while the petitioner’s counsel highlighted his six prior criminal antecedents and the fact that a co‑accused had already been granted bail. Considering the length of custody, lack of direct evidence, and the petitioner’s claim of innocence, the Court inclined to grant bail subject to monetary and conduct conditions. The order released the petitioner on bail with a bond of Rs. 15,000 and two sureties, imposing conditions on appearance, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether bail should be granted to the petitioner in light of the allegations under the Bharatiya Nyaya Sanhita, 2023 and the circumstances of his custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 303(2), 308(2), 3(5)
Subjects
- bail
- extortion
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- high court
- pre‑trial detention
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7824 of 2026
Arising Out of PS. Case No.-10 Year-2025 Thana- SAHEBPUR KAMAL District- Begusarai
======================================================
Sharad Yadav @ Sharad Kumar @ Suraj Yadav S/o Bhupi Yadav @ Bhopi
Yadav R/o Village - Rajaura, P.S - Sahebpur Kamal, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Sahebpur Kamal P.S. Case No. 10 of 2025, instituted for the
offences punishable under Sections 126(2), 115(2), 118(2),
308(2), 109(1), 303(2) an 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that the petitioner
and other co-accused persons stopped the vehicle of the
informant and demanded Rs. 50,000/- in extortion. On saying of
co-accused Chandni Yadav, other co-accused persons pulled the
informant out from his vehicle and snatched his gold chain and
also assaulted the informant by means of butt of gun.
Patna High Court CR. MISC. No.7824 of 2026(2) dt.19-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner has been arrested
only on the basis of suspicion. No specific allegation has been
attributed against the petitioner rather the same is general and
omnibus in nature. Specific allegation of assault is attributed
against co-accused, namely, Raj Babbar Yadav. It is next
submitted that the petitioner was out of station on the alleged
date of occurrence but his name has been arrayed as member of
mob. The petitioner is in custody since 18.10.2025 and has got
six criminal antecedents. Learned counsel for the petitioner
further submitted that other co-accused has been granted regular
bail by a Co-ordinate Bench of this Court vide order dated
04.02.2026 passed in Cr. Misc. No. 5855 of 2026.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
Patna High Court CR. MISC. No.7824 of 2026(2) dt.19-02-2026
3/3
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sahebpur Kamal P.S.
Case No. 10 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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