Anil Yadav @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22754 of 2026 Arising Out of PS. Case No.-332 Year-2025 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Anil Yadav @ Anil Kumar son of Mahendra Yadav @ Mahendra Kapar Resident of village- Mahangua, Ps- Kundwa Chainpur, Dist- East champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Kundwa Chainpur P.S. Case No. 332 of 2025, dated 06.12.2025, lodged under Sections 308(5) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023"), pending before the Court of Judicial Magistrate-1st Class, Sikarahana at Dhaka, Motihari, East Champaran.

3. As per the prosecution, FIR has been lodged against five unknown accused persons alleging that they forcibly demanded and extorted Rs. 10,000/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that nothing has been recovered from the conscious possession of the petitioner. Counsel further submits that the petitioner's name has figured in this case by virtue of the

Patna High Court CR. MISC. No.22754 of 2026(2) dt.16-04-2026 2/2 confessional statement of a co-accused. Counsel also submits that the criminal antecedent of the petitioner is clean.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that although the petitioner's name has figured in this case on the basis of the confessional statement of a co-accused, Rs. 10,000/- and a country-made pistol have been recovered from the house of the co-accused.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J.) Aman Kumar/- U T