Patna High Court
Gridhar Yadav @ Girdhar Yadav @ Giridhar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is granted bail.
Summary
Gridhar Yadav was arrested in connection with the assault and subsequent death of the informant's father under several provisions of the Bhartiya Nyaya Sanhita, 2023 and the SC/ST (POA) Act. The trial court rejected his bail application, citing the seriousness of the charges. Yadav appealed, arguing that he was merely a member of the mob, faced no specific allegation of an overt act, and was being politically victimised. The State and the informant opposed bail, emphasizing the gravity of the offences. The Patna High Court, noting the lack of specific allegations against Yadav and the duration of his custody, set aside the trial court’s order and granted bail on condition of a bond and sureties. Consequently, the appeal was allowed and Yadav was released on bail.
Issues considered
- Whether the appellant is entitled to bail despite being charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023 and the SC/ST (POA) Act.
- Whether the absence of a specific allegation against the appellant warrants the grant of bail.
- Whether the appellant's alleged participation as a mere member of a mob affects the bail decision.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2)
Subjects
- bail
- criminal procedure
- assault causing death
- SC/ST (POA) Act
- Bhartiya Nyaya Sanhita
- mob participation
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2755 of 2025
Arising Out of PS. Case No.-238 Year-2024 Thana- MEHANDIA District- Jehanabad
======================================================
Gridhar Yadav @ Girdhar Yadav @ Giridhar Yadav S/O Late Singhasan
Yadav Resident of Village- Raj Kharsha, P.S.- Mehandia, District- Arwal
... ... Appellant/s
Versus
1. The State of Bihar
2. Savita Kumari W/O Laxman Rajvanshi Resident of Village- Raj Kharsha,
P.S.- Mehandia, District- Arwal
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shadab Akhter, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
For the Informant : Mr. Dheeraj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
7 19-02-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant. Perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 25.04.2025 passed by learned 1 st
Additional Sessions Judge -cum- Special Judge, SC/ST,
Jehanabad whereby the prayer for bail of the appellant in
connection with Mehandia P.S. Case No. 238 of 2024 under
Sections 126(2), 115(2), 117(2), 118(1), 191(2), 190, 109 &
103(1) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3(1)(r)
(s) & 3(2)(va) of SC/ST (POA) Act was rejected.
3. As per prosecution case, the accusation against the
Patna High Court CR. APP (SJ) No.2755 of 2025(7) dt.19-02-2026
2/3
accused persons including the appellant is of assaulting the
Informant's father due to which he sustained injuries and, later
on, died in course of his treatment.
4. Learned counsel for the appellant submits that the
appellant is innocent and has has falsely been implicated in the
present case due to local politics. There is no specific or direct
allegation of any overt act against the appellant rather the same
is general and omnibus in nature. The specific allegation of
assaulting by Tangi is attributed to Sanjay Yadav of hitting the
deceased. Charge-sheet has been submitted in this case. There
is a case and counter case between the parties. Learned counsel
The appellant has no intention to disgrace the image of the
informant in public view. Learned counsel for the appellant
further submits that the appellant was only the member of the
mob. The appellant is in custody since 24.03.2025 and has one
criminal antecedent. Other co-accused has been granted bail by
this Court vide order dated 21.08.2025, passed in Cr. Appeal
(SJ) No. 2067 of 2025.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant.
6. Considering the aforesaid facts and circumstances of
Patna High Court CR. APP (SJ) No.2755 of 2025(7) dt.19-02-2026
3/3
the case, the period of custody undergone by the appellant, there
being no specific allegation against the appellant, this Court is
inclined to allow this appeal. Accordingly, the appeal is allowed
and order dated 25.04.2025 passed by learned 1st Additional
Sessions Judge -cum- Special Judge, SC/ST, Jehanabad is
hereby set aside
7. Let the appellant, abovenamed, be released on bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mehandia P.S. Case
No. 238 of 2024.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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