Patna High Court
Pintu Kumar Yadav @ Pintu Yadav @ Pritam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Pintu Kumar Yadav, sought anticipatory bail fearing arrest in a case (Mirganj PS Case No. 521 of 2024) involving alleged extortion, assault and firing under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that the petitioner participated in the crime, while the petitioner contended he was not named in the FIR and was implicated only through a co‑accused’s self‑confessional statement, which he argued lacks evidentiary value. He also highlighted that the allegations were general and that he has only one prior criminal antecedent. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the material, granted anticipatory bail on the condition of furnishing bail bonds and sureties, subject to Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences
- Whether the co‑accused’s self‑confessional statement can form a basis for arrest in the absence of the petitioner’s name in the FIR
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 111, 118(2), 126(2), 308(4), 3(5)
Subjects
- anticipatory bail
- false implication
- extortion
- assault
- arms act
- criminal antecedent
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87515 of 2025
Arising Out of PS. Case No.-521 Year-2024 Thana- MIRGANJ District- Gopalganj
======================================================
Pintu Kumar Yadav @ Pintu Yadav @ Pritam Yadav Son of Gadan Yadav R/O
Village- Balesara, Jaharule Hatta, P.S.- Uchkagaon, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Mirganj P.S. Case No. 521 of 2024 instituted for the
offences under Sections 126(2), 109, 118(2), 111, 308(4), 3(5)
of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the
Arms Act.
3. Prosecution case, in short, is that one Parmender
Yadav demand Rs. 20 Lakhs extortion from informant’s
husband and later on, he along with other accused persons
including the petitioner encircled the informant’s husband and
assaulted him and also fired upon him.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. The
petitioner is not named in the F.I.R. The name of the petitioner
has transpired in this case on the basis of self confessional
Patna High Court CR. MISC. No.87515 of 2025(2) dt.15-01-2026
2/2
statement of co-accused, which has no evidentiary value.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. He
further submitted that other co-accused has been granted regular
bail vide order dated 18.08.2025 passed in Criminal
Miscellaneous No. 41686 of 2025. The petitioner has been made
accused in this case only on the basis of previous criminal
antecedent. It has been submitted on behalf of the petitioner that
the petitioner has one criminal antecedent.
5. Learned A.P.P. 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, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory 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 Mirganj P.S.
Case No. 521 of 2024, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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