Patna High Court
Lalit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the petitioner’s clean antecedents, the general nature of the accusations, parity with a co‑accused who had been released on bail, and the period of custody, bail must be granted.
Summary
Lalit Yadav was arrested in connection with a violent assault that resulted in the death of an informant’s brother, with the FIR alleging his participation among 16 accused persons. The petitioner applied for bail, contending his innocence, lack of injuries linking him to the crime, and clean criminal record, while noting that a co‑accused had previously been released on bail. The State opposed the bail on the ground of the seriousness of the offences charged under various sections of the B.N.S. The Court examined the general and omnibus nature of the accusations, the parity with the co‑accused, the petitioner’s clean antecedents, and the period of custody. Considering these factors, the Court allowed the bail application, directing the petitioner to furnish a bail bond with two sureties. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
- Whether the petitioner’s clean antecedents, parity with a co‑accused who was granted bail, and length of custody justify the grant of bail
Legislation cited
- B.N.S. — s. 103(1), 115(2), 118(2), 190, 191(2), 191(3), 351(3), 61(2)
Subjects
- bail
- criminal procedure
- assault
- homicide
- parity
- clean antecedents
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.101 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Lalit Yadav Son of Mahavir Yadav Resident of village - Sitapatti, Mahindwar,
P.S.- Phulparas, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Nitu Kumari, Advocate
For the State : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 191(2), 191(3), 190, 115(2),
118(2), 103(1), 61(2) and 351(3) of the B.N.S..
3. The prosecution case, in brief, is that all the F.I.R.
named accused persons, including this petitioner and 10-15
unknown persons, came at the field of informant and brutally
assaulted him and his brother by means of tengari, dabiya, iron
rod, kulhadi, etc. as a result of which both of them sustained
multiple injuries and later on, brother of the informant
succumbed to the injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.101 of 2026(2) dt.13-02-2026
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petitioner is quite innocent and has committed no offence. As
per prosecution case, all 16 F.I.R. named accused persons,
including this petitioner, along with 10 to 15 unknown persons,
assaulted the deceased, however, doctor has found only three
injuries on the body of the deceased, which itself falsifies the
entire prosecution case. As per F.I.R., this petitioner is alleged to
have assaulted on the hand of deceased with spear, but no injury
has been found on the hand of the deceased. It is further
submitted that similarly situated co-accused person, namely
Anuj Kumar Yadav, has already been granted bail by this
Hon’ble Court vide order dated 10.11.2025 passed in Cr. Misc.
No. 62393 of 2025. Moreover, charge-sheet has already been
submitted and petitioner, having no criminal antecedents, is in
custody since 21.04.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, materials that
have surfaced during course of investigation, claim based on
parity, clean antecedents of the petitioner and period of custody,
the prayer for grant of bail to the petitioner is allowed.
Patna High Court CR. MISC. No.101 of 2026(2) dt.13-02-2026
3/3
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge-II,
Jhanjharpur, District- Madhubani in connection with Phulparas
P.S. Case No. 173 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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