Patna High Court
RAJU YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a cash bond and specified conditions.
Summary
Raju Yadav was arrested on 20 September 2025 in connection with a case involving alleged Naxal activities, charged under Sections 308(3), 308(4), 308(5) and 61(2) of the Bihar Naxal Suppression Act, 2023 and Sections 16, 1, 18, 20 and 21 of the Unlawful Activities (Prevention) Act. The prosecution alleged that police, acting on secret information, discovered a black flag, pamphlets with threats, and other materials intended to disrupt upcoming elections, but no incriminating items were recovered from the petitioner and he was not named in the FIR. The petitioner contended that the allegations were fabricated, that he was implicated solely on suspicion, and pointed to the grant of bail to similarly situated co‑accused in earlier orders. The State highlighted the petitioner’s nine prior criminal antecedents, though he was on bail in eight cases and acquitted in one. The Court, noting the absence of direct evidence against the petitioner, the lack of his name in the FIR, and the precedent of bail to co‑accused, ordered his release on bail with a bond of Rs.10,000 and specific conditions. The bail order was conditioned on cooperation with the trial, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Naxal Suppression Act, 2023 and the Unlawful Activities (Prevention) Act in view of the nature of the alleged offences.
- Whether the petitioner’s non‑inclusion in the FIR and the absence of incriminating material in his possession justify granting bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Unlawful Activities (Prevention) Act — s. 1, 16, 18, 20, 21
Subjects
- bail
- Naxal
- Bihar Naxal Suppression Act
- Unlawful Activities (Prevention) Act
- criminal antecedents
- evidence
- political violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13078 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- CHIHARA District- Jamui
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Raju Yadav Son of Late Bijo Yadav Resident of Village - Ramnitanr, P.S.-
Bhelwaghati, District - Giridih
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Mr. Satya Prakash Parasar, learned counsel for
the petitioner and Mr. Tarun Prasad Mandal, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.09.2025 in connection with Chihra P.S. Case No. 78 of 2025,
F.I.R. dated 16.09.2025 for the offences punishable under
Sections 308(3), 308(4), 308(5) and 61(2) of the BNS, 2023 and
Sections 16, 1, 18, 20 and 21 of the Unlawful Activities
(Prevention) Act.
3. According to prosecution case, on secret
information regarding Naxal activities, police reached place of
occurrence and found black flag hoisted on the bamboo stick
foam plates, pamphlets written in red ink containing threats etc.
and upon enquiry found that some naxalites have put the above
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articles with intention to create obstruction in the upcoming
assembly elections.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It appears from the FIR that no incriminating
articles have been recovered from the possession of the
petitioner and he has been made accused merely on the basis of
suspicion. The petitioner is not named in the FIR. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. He further submits that similarly
situated, co-accused, namely, Ulfat Ansari has been granted bail
by a co-ordinate Bench of this Court vide order dated
15.01.2026 passed in Cr. Misc. No. 48 of 2026 and another co-
accused, namely, Gajadhar Mandal has also been granted bail by
this Court vide order dated 19.01.2026 passed in Cr. Misc. No.
90877 of 2025. The petitioner is in custody since 20.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries nine criminal antecedents other
than the present one but fairly submits that he is on bail in eight
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cases and in one case he has been acquitted by the learned Trial
Court.
6. Considering the aforesaid facts and circumstances
that petitioner is not named in the FIR, nothing incriminating
article has been recovered from the possession of the petitioner
and similarly situated co-accused persons have been granted bail
by this Court as well as by a Co-ordinate Bench of this Court,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-2, Jamui in connection with Chihra
P.S. Case No. 78 of 2025, 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
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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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