Patna High Court
Raj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Raj Kumar Yadav, applied for regular bail in a case registered under multiple sections of the BNS, alleging that he ordered a co‑accused to douse a JCB with petrol, an act that allegedly never occurred. The prosecution contended that the petitioner orchestrated the plan and also took Rs. 2000 from an informant, while the petitioner claimed innocence and that the case was filed to harass him. The State opposed bail, highlighting the petitioner’s three prior criminal convictions. The court, after considering the facts, the lack of actual arson, and the petitioner’s prolonged judicial custody since 26‑09‑2025, decided to grant bail on condition of a Rs. 10,000 bond with two sureties. The order directed the petitioner’s release upon satisfaction of the bail conditions.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the charges under sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the BNS.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the alleged offence, which allegedly did not result in actual arson, warrants continued detention.
Legislation cited
- BNS — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- regular bail
- bail petition
- criminal antecedents
- BNS
- judicial custody
- sureties
- arson allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89532 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- BHEJA District- Madhubani
======================================================
Raj Kumar Yadav S/o Jeebachh Yadav Resident of Village- Parwalpur, P.S.-
Bheja, 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.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-01-2026 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 (2),
115 (2), 118 (1), 109, 303 (2), 352, 351 (2) and 3 (5) of the
BNS.
3. The case of the prosecution is that the petitioner
ordered the co-accused persons to sprinkle petrol on a JCB
machine and set it on fire, however, no such incident took place
and no JCB was actually set on fire. It is further alleged that
petitioner took Rs. 2000/- from the pocket of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that due
Patna High Court CR. MISC. No.89532 of 2025(2) dt.27-01-2026
2/2
to dispute between the petitioner and the owner of the JCB, this
case has been filed with male fide intention to harasss the
petitioner. It is further submitted that the only allegation against
the petitioner is that he gave an order to sprinkle petrol on the
JCB which order was never acted upon. Moreover, the petitioner
is languishing in judicial custody since 26.09.2025.
5. Learned APP appearing for the state has
vehemently opposed the prayer of regular bail stating that the
petitioner has three criminal antecedents
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 Bheja P.S. Case No. 66 Of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-II, Jhanjharpur, Madhubani.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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