Patna High Court
Sambhu Yadav @ Shambhu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted, subject to a bond of Rs 10,000 and two sureties, under the conditions of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sambhu Yadav, was arrested in a case registered under sections 326(g), 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS) for allegedly setting fire to his wife’s house and threatening her. He contended that the FIR was lodged three days after the incident, was false, and intended to harass him amid a matrimonial dispute, noting a prior complaint by the same informant under IPC sections 498A, 323 and 34 for which he had earlier been granted bail. The State opposed the bail application. The Court, after considering the delay in filing the FIR, the alleged motive of harassment, and the petitioner’s prior bail, ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to conditions under section 482(2) of the BNS. The order effectively enlarges the bail and disposes of the petition.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under sections 326(g), 351(2) and 3(5) of the BNS.
- Whether the delay in lodging the FIR and the alleged motive of harassment justify bail.
- Whether the provisions of section 482(2) of the BNS empower the Court to enlarge bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 326(g), 3(5), 351(2), 482(2)
- Indian Penal Code — s. 323, 34, 498A
Subjects
- bail
- arson
- domestic violence
- false FIR
- harassment
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85123 of 2025
Arising Out of PS. Case No.-13 Year-2025 Thana- DURAULI District- Siwan
======================================================
Sambhu Yadav @ Shambhu Yadav S/O Late Mangal Yadav Resident of
Village- Amarpur, P.S- Darauli, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar , Advocate
Mr. Prabhakar singh, Advocate
Mr. Pranav bhaskar , Advocate
Mr. birottam Narayan singh, Advocate
Ms. Ritika Kumari , Advocate
Mr. Anubhav Vatsa, Advocate
For the Opposite Party/s : Mr. Abhay Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 326 ( g ), 351 ( 2 ) and
3 (5) of BNS.
3 . Petitioner is husband of the informant and it is
alleged that on 12.01.2025 at 10:30 pm, this petitioner along
with other co-accused persons set the house of informant on fire
and also threatened to kill her.
4. It is submitted on behalf of the petitioner that
petitioner is husband of informant and they have been married
for about 19 years and they have also one daughter who’s age
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around 17 years old. It is further submitted that earlier,
informant lodged Complaint Case No. 1847 of 2022 under
sections 498A , 323 and 34 of IPC against this petitioner and his
family members and in the aforesaid case , petitioner was
granted bail by this Hon’ble Court vide order dated 06.05.2025
in Cr. Misc. No. 45901 of 2024 . During pendency of the earlier
bail application , mediation was directed by Hon’ble Court and
both parties temporarily resided together in the house of this
petitioner and informant set the the hut on fire in which she was
residing and despite the petitioner informed the local police and
fire brigade , a new and false criminal case has been lodged to
create further pressure and harass on him in the ongoing
matrimonial dispute . There is inordinate delay of 3 days in
lodging the present F.I.R. for which there is no plausible
explanation which itself creates doubt over the entire
prosecution case . The present case has been lodged by the
informant, only with a view to harass this petitioner.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
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above, be enlarged 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 District and Additional
sessions Judge – IX, Siwan in connection with Darauli P.S. Case
No. 13 of 2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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