Patna High Court
Rana YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were general and did not demonstrate an intention to cause death, thereby granting bail to all petitioners.
Summary
The petitioners—Rana Yadav, Nitish Kumar and Suraj Yadav—were arrested in connection with a Kasim Bazar police case alleging assault with lathi, robbery of Rs.5,000 and possession of a firearm, invoking several sections of the BNS and Section 27 of the Arms Act. They contended that the case was false, rooted in prior enmity, and that the allegations against Nitish Kumar and Suraj Yadav were vague and omnibus. The petitioners also highlighted that co‑accused had been granted bail in a related matter and that Rana Yadav was not alleged to have fired the weapon, negating any intention to cause death. The Additional Public Prosecutor opposed bail, but the court noted the lack of specific evidence of intent and the general nature of the charges. Accordingly, the court ordered bail for each petitioner on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS.
Issues considered
- What is the adequacy of the allegations to justify denial of bail?
- Do the facts show an intention to cause death warranting refusal of bail?
- Can Section 482(2) of the BNSS be invoked to grant bail in this case?
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- criminal procedure
- assault
- robbery
- firearm possession
- false case
- Section 482
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 13660 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- KASIMBAZAR District- Munger
======================================================
1. Rana Yadav S/o Bauku Yadav R/o- Hasanganj English, P.S.- Kasim Bazar,
Distt- Munger.
2. Nitish Kumar @ Raj Kumar S/o Bauku Yadav R/o- Hasanganj English, P.S.-
Kasim Bazar, Distt- Munger.
3. Suraj Yadav @ Suraj Kumar S/o Raju Yadav R/o- Hasanganj English, P.S.-
Kasim Bazar, Distt- Munger.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jyoti Ranjan Jha, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 26-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioners apprehending their arrest in
connection with Kasim Bazar P.S. Case No. 239 of 2025
registered for the offences punishable under Sections 115(2),
126(2), 127(2), 109, 303(2), 351(2), 352, 3(5) of BNS and 27 of
Arms Act.
3. As per FIR, Petitioners alongwith other named co-
accused persons alleged to assault informant causing, bodily
injuries as alleged to be caused by lathi, rod etc. and also during
occurrence snatched cash of Rs. 5000/- from Bipin Yadav. It is
Patna High Court CR. MISC. No. 13660 of 2026(2) dt.26-02-2026
2/3
also alleged that a prior case was lodged against co-accused Rana
Yadav (petitioner no. 1), which was registered as Kasim Bazar P.S.
Case No. 225/2025.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that due to previous enmity, the present
false case was lodged. It is pointed out that allegation against
Nitish Kumar and Suraj Yadav, who are petitioner nos. 2 and 3
appears very much general and omnibus in nature and considering
aforesaid aspects, similarly situated co-accused persons were
granted bail by one of the learned co-ordinate Bench through Cr.
Misc. No. 83664 of 2025 dated 18.12.2025. It is submitted that
even petitioner no. 1 Rana Yadav not alleged to open fire despite
allegation to have a country made pistol in his hand, which only
suggest that he was not under intention to cause death of the
informant.
5. Explaining criminal antecedent, it is submitted that
petitioner no. 1 found involved in two more criminal cases, where
he is on bail, whereas petitioner no. 2 found involved in one more
criminal case, where he is on bail and petitioner no. 3 is a man of
clean antecedent.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No. 13660 of 2026(2) dt.26-02-2026
3/3
taking note of fact as allegation qua physical assault appearing
very much general and omnibus against petitioner nos. 2 and 3
and as petitioner no. 1 not alleged to open firing despite having
firearms in his hand, which prima facie negate intention to cause
death, accordingly, all above named petitioners, in the event of
their arrest or surrender before the learned trial Court, within a
period of four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
learned C.J.M., Munger/concerned Court, where the case is
pending in connection with Kasim Bazar P.S. Case No. 239 of
2025 subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.