Patna High Court
Akash Yadav @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Akash Yadav was arrested on 4 December 2024 in connection with a FIR dated 12 June 2024 alleging offences under IPC sections 341, 307, 504, 506, 34 and Arms Act section 27, wherein he was said to have fired on an informant. The petitioner pleaded innocence, arguing that the FIR lacks a medical injury report and that he has been falsely implicated. The prosecution opposed bail, highlighting seven prior criminal antecedents, though the petitioner is on bail in six other cases with one case pending. The court noted the absence of a victim's injury report and the questionable strength of the evidence. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order also stipulated cancellation of the bond if the petitioner fails to appear for two consecutive dates without sufficient cause.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the IPC and Arms Act.
- Whether the absence of a medical injury report and the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 341, 504, 506
Subjects
- bail
- IPC
- Arms Act
- criminal antecedents
- evidence
- injury report
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11783 of 2026
Arising Out of PS. Case No.-95 Year-2024 Thana- RASULPUR District- Saran
======================================================
Akash Yadav @ Akash Kumar Son of Munna Yadav Resident of Village-
Maharajganj, P.S.- Maharajganj, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-04-2026 Heard Mr. Chandra Mohan Jha, learned counsel for
the petitioner and Mr. Ram Priya Sharan Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.12.2024 in connection with Rasulpur P.S. Case No. 95 of
2024, F.I.R. dated 12.06.2024 for the offences punishable under
Sections 341, 307, 504, 506 and 34 of the Indian Penal Code
and Section 27 of the Arms Act.
3. According to prosecution case, this petitioner along
with other accused person have fired upon the informant and
fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the FIR
that although there is specific allegation against the petitioner
Patna High Court CR. MISC. No.11783 of 2026(3) dt.29-04-2026
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that he has fired upon the victim but from perusal of the case
diary it appears that the injury report of the victim is not
available on record and petitioner has falsely implicated in the
present case. The petitioner has been remanded in the present
case from Daraunda P.S. Case No. 340 of 2024 on 04.12.2024.
He further submits that although some of the witnesses have
supported the case of the prosecution but injury report in not
available on record to show the genuineness of the present case.
He further submits that the police after investigation submitted
the charge sheet against the petitioner. The petitioner is in
custody since 04.12.2024.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries seven criminal antecedents other
than the present one but fairly submits that he is on bail in six
cases and one case is pending for consideration before the
competent court of law. He further submits that from perusal of
the entire case diary no medical report of the informant/victim
was found which suggest that he has received injury.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.11783 of 2026(3) dt.29-04-2026
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the like amount each to the satisfaction of the learned J.M. 1st
Class, Saran at Chapra in connection with Rasulpur P.S. Case
No. 95 of 2024, subject to the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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