Patna High Court
Sintu Yadav @ Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Sintu Yadav, was implicated in a case (Ratanpur P.S. Case No. 18 of 2025) involving offences under several sections of the Bihar Negotiable Securities (B.N.S.) and the Arms Act. He claimed innocence, stating that he was falsely implicated and had been assaulted in a road‑rage incident, sustaining grievous injuries. The State opposed his application for anticipatory bail. The Court examined whether the circumstances warranted the grant of anticipatory bail under Section 438(2) of the CrPC and Section 482 of the B.N.S. After considering the petitioner's claim of false implication and lack of a clear prima facie case, the Court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties. The bail is subject to the conditions prescribed in the relevant statutes and the discretion of the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC.
- Whether the offences alleged under the B.N.S. and Arms Act justify denial of anticipatory bail.
- Whether the petitioner’s claim of false implication and lack of prima facie evidence warrants bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 27
- B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5)
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Arms Act
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81237 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- RATANPUR District- Supaul
======================================================
Sintu Yadav @ Aakash Kumar Son of Shyamanand Yadav @ Ram Narayan
Yadav Resident of Village- Kohvara, Basawanpatti, Ward No. 4, P.S.- Karjain,
District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjay Kumar Singh, Advocate
For the State : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Ratanpur P.S. Case No. 18 of 2025 registered
for the offence under Sections 126(2), 115(2), 118(1), 117(2),
109, 303(2), 3(5) of B.N.S. and Sections 25(1-b)(a), 26 and 27
of the Arms Act.
3. As per the prosecution case, petitioner is
accused of having fired at the informant.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that petitioner
was assaulted in a road rage and he has sustained grievous
Patna High Court CR. MISC. No.81237 of 2025(3) dt.13-03-2026
2/2
injury.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.,
Birpur/ concerned Court below in connection with Ratanpur P.S.
Case No. 18 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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