Patna High Court
Jay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Jay Kumar Yadav was arrested in connection with a FIR alleging that he and co‑accused, armed with deadly weapons, attempted extortion and looted construction materials from a residential school site, firing at an informant. The petitioner claimed innocence, noting that the FIR lacked details of the demanded ransom and no incriminating articles were recovered from him. He had been in custody since May 2025 and had multiple prior criminal cases, some acquitted. The State opposed bail, but the court noted that a previous bail application had been rejected pending one year of custody and that a co‑accused had been granted bail after similar circumstances. Considering the elapsed custody period, lack of material evidence, and the precedent, the court granted regular bail with conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and his prior criminal antecedents
- Whether the passage of one year of judicial custody and the grant of bail to a co‑accused justify granting bail to the petitioner
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- extortion
- robbery
- arms possession
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11302 of 2026
Arising Out of PS. Case No.-209 Year-2024 Thana- SHANKARPUR District- Madhepura
======================================================
Jay Kumar Yadav, aged about 58 years, Male, Son of Satyanarayan Yadav,
Resident of village- Gopalpur, P.S.- Kumarkhand (Bhatni OP), District-
Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner is in custody in a case registered for the
offences punishable under Sections 126(2) 115(2), 109, 303(2),
308(4), 308(5), 351(2),(3), 352, 3(5) of the BNS and Section
27 of the Arms Act.
3. As per allegation in the FIR, informant being
Munshi in construction work of 720 S.T.S.C. Residential School
Machha, and the allegation against the petitioner is that he along
with other co-accused persons armed with deadly weapons came
at the construction premises of said Residential School and
started abusing the informant and demanded ransom. There is
further allegation that they looted the huge quantity of
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construction materials such as sand, gitti, cement, grill, plank,
electric wire, tiles etc at the gunpoint and when the informant
opposed them, they bullet fired on hum but luckily it hit at the
door, wall/grill.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. He next submits that in the alleged FIR the informant has
not mentioned about extortion amount which was demanded by
the accused persons. He further submits that no incriminating
article has been recovered from the possession of the petitioner.
He next submits that petitioner is in custody since 19.05.2025
and has got fifteen criminal antecedent as stated in para-3 of the
bail petition out of which in seven cases he has been acquitted
and in rest cases he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR and impugned order dated
23.07.2025, it appears that on the basis of written report of the
informant, FIR has been registered under Sections 126(2)
115(2), 109, 303(2), 308(4), 308(5), 351(2),(3), 352, 3(5) of the
BNS and Section 27 of the Arms Act against the three accused
persons including the present petitioner and the allegation is of
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demanding ransom. This is the second attempt for bail of the
petitioner. Earlier the prayer for bail of this petitioner was
rejected by this Court passed in Cr. Misc. No. 56300 of 2025
vide order dated 17.10.2025 with an observation that the
petitioner will be at liberty to renew his prayer for bail after
completion of one year of his judicial custody. Similarly situated
co-accused person namely Bhola Yadav has been granted bail by
a co-ordinate Bench of this Court passed in Cr. Misc. No. 69596
of 2025 vide order dated 06.01.2026, so considering all these
aspects of the case and submission of learned counsel for the
petitioner, I am inclined to grant regular bail to the petitioner.
7. Accordingly, the petitioner above named be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Madhepura
in connection with Shankarpur P.S. Case No. 209 of 2024,
subject to the conditions:-
(i) one of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the trial Court.
(iii) In case of absence on three consecutive dates or
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in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(iv) The petitioner will appear before the police
station concerned in every fortnight till the disposal of the case.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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