Patna High Court
Kaju Yadav @ Kaju Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Petitioner Kaju Yadav was arrested in connection with a case (Rajoun P.S. Case No. 619 of 2024) alleging offences under Sections 308(2), 352, 351(2) and 3/5 of the B.N.S., 2023, involving threats, demand for a one‑lakh‑rupee ransom and alleged firing at an informant. The petitioner claimed innocence, arguing that the FIR only alleged that he fired a weapon and that no injury occurred, and that the trial court denied bail solely on the basis of his prior criminal record of twenty‑six cases. The State opposed bail, citing the petitioner’s antecedents. After hearing both sides, the High Court considered the seriousness of the allegations against the backdrop of the petitioner’s custody since 29‑10‑2025 and the need to ensure his presence at trial. The Court granted bail, imposing conditions of a Rs.10,000 bond, two sureties of equal amount, mandatory physical presence at each court date, weekly attendance at Sabour Police Station, and that one bailor be a near relative. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges and a history of multiple prior cases
Legislation cited
- B.N.S., 2023 — s. 308(2), 3/5, 351(2), 352
Subjects
- bail
- criminal antecedent
- threat
- extortion
- IPC sections 308, 352, 351
- judicial custody
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11826 of 2026
Arising Out of PS. Case No.-619 Year-2024 Thana- RAJAON District- Banka
======================================================
Kaju Yadav @ Kaju Kumar Yadav S/o- Arvind Yadav @ Arbind Yadav
Resident of Chhoti Ghutiya Shyampur P.S- Rajoun, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Rajoun P.S. Case No. 619 of 2024 registered for the
offence punishable under Sections 308(2), 352, 351(2), 3/5 of
the B.N.S., 2023.
3.The case of the prosecution, in short, is that the
petitioner, along with others, arrived near the house of the
informant and started abusing him. When the informant peeped
through the window, he found that all the persons were standing
and were threatening to kill him. It is further alleged that they
all have made firing. On alarms being raised, villagers arrived
there. The accused persons have demanded one lakh rupees as
rangdari, failing which they have threatened the informant of
Patna High Court CR. MISC. No.11826 of 2026(3) dt.10-04-2026
2/3
dire consequences.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear
that only allegation against the petitioner is that he has made
firing. Nobody has received any kind of injury. The nature of
allegation is general and omnibus. He further submits that the
learned trial court has rejected the bail of this petitioner only on
the basis of his antecedents. Moreover, the petitioner is
languishing in judicial custody since 29.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of twenty six cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall cooperate in the trial and shall
remain physically present on each and every date fixed by
the learned trial court, one of the bailor should be his near
relative and shall also mark his weekly attendance at Sabour
P.S. The above named petitioner is directed to be enlarged on
Patna High Court CR. MISC. No.11826 of 2026(3) dt.10-04-2026
3/3
bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
only) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1st Class, Banka
in connection with Rajoun P.S. Case No. 619 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…