Patna High Court
Amresh Yadav @ Amresh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 103, 109, 115, 117, 118, 126, 3
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
Checking your session…