Patna High Court
Hemant Kumar @ Hemant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied.
Summary
The petitioner, Hemant Kumar, sought anticipatory bail after the police registered a case (PS No. 139 of 2025) alleging his participation in a mob that used a JCB to demolish the informant's house, causing damage to motorcycles, a laptop and a bed, and demanding extortion. The prosecution alleged offences under several sections of the Bharatiya Nyaya Sanhita. The petitioner contended he was innocent, not the owner of the JCB, and that the allegations were vague. The informant opposed bail, highlighting the petitioner's seven prior criminal convictions. The court, considering the seriousness of the alleged offences and the petitioner's criminal history, refused the anticipatory bail application.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the Bharatiya Nyaya Sanhita?
- Whether the petitioner's alleged involvement and prior criminal antecedents justify denial of anticipatory bail?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 127(2), 190, 191(2), 308(2), 308(3), 324(4), 329(4), 351(2), 352
Subjects
- anticipatory bail
- extortion
- criminal antecedents
- property damage
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78347 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- VISHNUPAD District- Gaya
======================================================
Hemant Kumar @ Hemant Yadav S/o Late Ramchandra Yadav R/o Mohalla-
Maranpur, Akshayawat, Chand Chaura, Gaya, P.S.- Vishnupad, District-
Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dayanand Singh, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, A.P.P.
For the Informant : Mrs. Rasika, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Vishnupad P. S.
Case No. 139 of 2025 registered for the offences punishable
under Sections 191(2), 190, 126(2), 127(2), 115(2), 352, 351(2),
308(2), 308(3), 324(4), 329(4) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 6.05.2025 all
the F.I.R. named accused persons, including this petitioner,
came at the house of informant with JCB and demolished his
house in which three motorcycles, one laptop and bed were
destroyed. It is further alleged that the accused persons also
demanded extortion from the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.78347 of 2025(4) dt.13-03-2026
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petitioner is innocent and has committed no offence. Allegation
against petitioner is general and omnibus and petitioner is not
the owner of JCB used in question.
5. Learned counsel for the informant vehemently
opposed the bail application and submitted that petitioner has
got seven criminal antecedents.
6. Considering the nature of accusation and criminal
antecedents, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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