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Patna High Court

Amresh Yadav @ Amresh Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Amresh Yadav, sought regular bail in a case registered under sections 126(1), 115(2), 118(1), 117(2), 109, 103(1) and 3(5) of the Indian Penal Code, alleging that he was falsely implicated in the assault and death of an informant's father. The prosecution alleged that the petitioner and co‑accused assaulted the victim with weapons, leading to the victim's death. The petitioner argued innocence, lack of prior criminal record, and pointed to earlier bail orders granted to similarly situated co‑accused in related cases. The State opposed the bail. Considering the facts, the court found no compelling reason to keep the petitioner in custody and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC.

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • judicial custody
  • co‑accused precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25547 of 2026
                     Arising Out of PS. Case No.-233 Year-2024 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Amresh Yadav @ Amresh Kumar Yadav Son of Devendra Prasad Yadav R/o
                 Village - Karhari, P.S.- Laukahi, District - Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hriday Narayan Harshit, Advocate
                 For the Opposite Party/s :       Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126 (1),

                   115 (2), 118 (1), 117 (2), 109, 103 (1) and 3 (5) of the BNS.

                                3. The case of the prosecution is that petitioner along

                   with co-accused assaulted the informant’s father by iron rod,

                   lathi, danda, butt of the gun and fists. It is further alleged that

                   the informant was also assaulted by co-acused persons and later

                   doctor declared informant’s father dead.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. Charge sheet hass been

                   submitted in this case. It is further submitted that the specific
            Patna High Court CR. MISC. No.25547 of 2026(2) dt.18-04-2026
                                                        2/2




                      allegation of assault is against Raja Yadav and Devendra Yadav.

                      It is further submitted that similarly situated co-accused persons

                      have already been granted bail by a co-ordinate Bench of this

                      Court vide orders dated 03.09.2025 and 15.09.2025 passed in

                      Cr. Misc. Nos. 29163 of 2025 and 67024 of 2025. Moreover, the

                      petitioner is languishing in judicial custody since 07.11.2025

                      having no criminal antecedent.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Laukahi P.S. Case No. 233 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Additional District and Sessions Judge – I, Jhanjharpur,

                      Madhubani.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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