Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) B.N.S.
Summary
The petitioner, Sanjay Yadav, sought anticipatory bail fearing arrest in a case (PS No.46 of 2025) alleging offences under several sections of the B.N.S., including extortion, assault and robbery. The prosecution alleged that the petitioner, along with others, threatened a contractor, demanded a ransom of Rs.10 lakh, and assaulted him, seizing cash and jewellery. The petitioner contended that the FIR contains only a generic allegation, that he was falsely implicated due to a dispute over construction quality, and that he has a clean antecedent. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S., imposing a bail bond of Rs.10,000 with two sureties and several conditions regarding presence in court and conduct. The order clarified that the observations would not affect the trial and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
- Whether the petitioner’s claim of false implication and clean antecedent justify the grant of bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 308(5), 3(5), 351(3), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- extortion
- assault
- bail conditions
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82056 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- Hathiyav District- Sheikhpura
======================================================
Sanjay Yadav S/o Jagdish Yadav R/o vill - Dullapur, P.s.- Hathiyawan, Distt.-
Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Adv.
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Hathiyawan P.S. Case No. 46 of 2025 dated 29.07.2025
registered for the offences punishable under Sections 126(2),
115(2), 308(5), 303(2), 352, 351(3) and 3(5) of the B.N.S.
3. As per the prosecution case, the informant has
alleged that he was getting the Panchayat Bhawan constructed,
the named accused persons including the petitioner along with 7
to 8 unknown persons came variously armed with lathi and
danda and threatened him to stop the work and demanded Rs. 10
lakhs as ransom. It is further alleged that the accused persons
assaulted the informant with lathi and danda etc., and snatched
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away his gold chain and also took away Rs. 25,000/- cash.
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. From bare
perusal of the F.I.R., it is evident that there is general and
omnibus allegation against all the named accused persons. It has
further been submitted that the petitioner and others had
objected to the poor quality construction being made by the
informant, upon which the present false and concocted case has
been lodged against the petitioner and others and there is
nothing on record to suggest the involvement of the petitioner in
the present case. It has lastly been submitted that the petitioner
has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
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court in connection with Hathiyawan P.S. Case No. 46 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved in
similar nature of offence(s), the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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