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Patna High Court

Jay Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.11302 of 2026(2) dt.18-02-2026
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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
Patna High Court CR. MISC. No.11302 of 2026(2) dt.18-02-2026
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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
            Patna High Court CR. MISC. No.11302 of 2026(2) dt.18-02-2026
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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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