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Patna High Court

Kaju Yadav @ Kaju Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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