Patna High Court
Rakesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal for bail was dismissed, affirming the lower court's refusal to grant bail.
Summary
The appellants, Rakesh Yadav and Mithun Yadav, were charged with theft, murder and offences under the Bihar Negotiable Instruments Act and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting and electrocuting the deceased and Vishal Manjhi. They had been in custody since 27 September 2025 and their bail application was rejected by the Additional Sessions Judge, Jamui on 5 January 2026. The appellants contended that they were falsely implicated and sought bail, while the State opposed the relief. The Patna High Court, after hearing counsel, considered the seriousness of the allegations and the nature of the offences. Concluding that the circumstances did not warrant bail, the Court dismissed the appeal, leaving the lower court's order intact.
Issues considered
- What considerations govern the grant of bail in cases involving murder and offences under the SC/ST (Prevention of Atrocities) Act?
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 190, 191(2), 191(3)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- bail
- criminal appeal
- murder
- theft
- SC/ST (Prevention of Atrocities) Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.327 of 2026
Arising Out of PS. Case No.-464 Year-2025 Thana- JHAJHA District- Jamui
======================================================
1. Rakesh Yadav Son of Suresh Yadav @ Surendra yadav Resident of Village-
Amba PS -Jhajha Distt- Jamui
2. Mithun Yadav Son of Suresh Yadav @ Surendra Yadav Resident of Village-
Amba PS -Jhajha Distt- Jamui
... ... Appellant/s
Versus
1. The State of Bihar bihar
2. Rinku Devi Wife of Late Purushottam Manjhi Resident of Village- Amba PS
-Jhajha Distt- Jamui
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Pintu Kumar Patel
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-04-2026 Heard the parties.
2. The instant appeal has been filed by the appellants
against the order dated 05.01.2026 passed by the learned
Additional Sessions Judge-I, Jamui whereby the bail application
of the appellants in connection with Jhajha P.S. Case No. 464 of
2025 registered for the offence under Sections 190, 191(2),
191(3), 103(1) of the BNS and under Sections 3(1)(r), 3(1)(s),
3(2)(va) of SC/ST (POA) Act, was rejected.
3. The appellants, making allegations of theft, have
taken the deceased and one Vishal Manjhi with them and
thereafter brutally assaulted and electrocuted them because of
Patna High Court CR. APP (SJ) No.327 of 2026(3) dt.23-04-2026
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which the deceased died.
4. The appellants are in custody since 27.09.2025.
5. Learned counsel for the appellants has submitted
that the appellants are innocent and has falsely been implicated
in this case.
6. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellants.
7. Considering the facts of the case and also
considering the nature of allegation levelled against the
appellants, this Court is not inclined to interfere with the
impugned order.
8. Accordingly, this appeal is dismissed.
(Sandeep Kumar, J)
Vikas/-
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