Patna High Court
Keshav YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Keshav Yadav was arrested on 20 September 2025 in connection with a case involving alleged ransom demands and the fatal shooting of a victim's daughter. The prosecution alleged that the accused, including the petitioner, stopped the informant, demanded ransom, and fired at the informant’s shop, resulting in the death. The petitioner contended that the FIR does not specifically allege any overt act by him and that a co‑accused’s confessional statement does not mention his participation. The State opposed bail, citing the seriousness of the offences and the petitioner’s other pending cases. The Court, after considering the lack of specific incriminating material against the petitioner, granted bail on a cash bond and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged against him.
- Whether the absence of specific allegations or overt acts linking the petitioner to the crime warrants granting bail.
Legislation cited
- B.N.S. — s. 103(1), 308(2), 3(5), 352, 61(2)
Subjects
- bail
- criminal procedure
- evidence
- co‑accused statement
- sections 103, 61, 308, 352, 3
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10000 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- PURAINI District- Madhepura
======================================================
Keshav Yadav S/O Awadh Kishore Yadav R/O Village- Ganeshpur, P.S-
Puraini, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
For the State : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 06-04-2026 Heard Mr. P.N. Shahi, learned Senior counsel for the
petitioner and Mr. Rabindra Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
20.09.2025, in connection with Puraini P.S. Case No. 185 of 2025,
F.I.R. dated 19.09.2025 registered for the offences punishable
under Sections 103(1), 61(2), 308(2), 352, 3(5) of the B.N.S.
3. The prosecution case, in brief, is that the accused
persons including the petitioner had earlier stopped the informant
on the way ahead of Yogiraj and asked him to pay ransom,
otherwise he would be shot dead on any day. It is said that on
19.09.2025 at 08:53 A.M.. the accused entered his shop and fired
bullet at him hitting his daughter Parwati Kumari, who died during
treatment.
4. Learned Senior counsel for the petitioner submits
Patna High Court CR. MISC. No.10000 of 2026(3) dt.06-04-2026
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that although the petitioner is named in the F.I.R. but from perusal
of the F.I.R. it appears that there is no specific allegation of any
assault or overt act or firing attributed against the petitioner and
petitioner has been made accused merely on the basis of suspicion.
He further submits that co-accused person, namely, Ranjeet Kumar
was apprehended and his confessional statement in paragraph-104
of the case diary was recorded in which he has not stated anything
about the petitioner and even he has not stated that the petitioner
has participated in the present crime in question and he has stated
that one Nitish Kumar has fired upon the victim. He further
submits that the police after investigation submitted chargesheet
against the petitioner and the petitioner is in custody since
20.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries seven more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that the petitioner is on bail in the pending
matters.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.10000 of 2026(3) dt.06-04-2026
3/3
A.C.J.M. 1st, Udakishunganj, Madhepura in connection with
Puraini P.S. Case No. 185 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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