Patna High Court
BIRLA YADAV @ DHRAMENDRA YADAV @ DHARMENDRA YADAV @ BILLAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions specified under Section 480(3) of the BNSS.
Summary
The petitioner, Birla Yadav, was arrested in connection with a case alleging firing on an informant, charged under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case rests mainly on a confessional statement of co‑accused Vishal Yadav, which names the petitioner, with no other material linking him to the offence. The petitioner contended that he was falsely implicated due to a dispute over a bus‑stand settlement and that the evidence against him is vague. The court noted the lack of substantive evidence, the petitioner’s prolonged custody since 21‑08‑2025, and the filing of the charge‑sheet, and therefore decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS, including presence in court and a relative as one bailor.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the confessional statement of a co‑accused suffices to deny bail.
- Whether the conditions prescribed in Section 480(3) of the BNSS are applicable.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 480(3)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- confessional statement
- false implication
- Section 480(3)
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1448 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Birla Yadav @ Dhramendra Yadav @ Dharmendra Yadav @ Billa Son of
Shambhu Yadav @ Sambhu Yadav Resident of village - Chatra, Police Station
- Keoti, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sadar P.S. Case No. 218 of 2025 registered for
the alleged offences under Sections 109/3(5) of Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
03. As per prosecution case, some miscreants
indiscriminately fired upon the informant who ran away from
the spot and saved his life. The informant named co-accused,
Vishal Yadav and Vicky Yadav, for being involved in the firing
apart from other unknown miscreants. The name of petitioner
transpired during investigation for being involved in the alleged
occurrence.
Patna High Court CR. MISC. No.1448 of 2026(2) dt.15-01-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The name of the petitioner transpired in the confessional
statement of co-accused Vishal Yadav and except for that, there
is no other material to show the complicity of the petitioner in
the alleged offence. The petitioner is one of the workers in the
Bus stand with the previous contractor, therefore, his name was
deliberately given in this matter as the dispute arose out of
settlement of the Bus stand. The petitioner is having antecedent
of three cases and is in custody since 21.08.2025. Charge-sheet
has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague nature of allegation and further considering the period of
custody of the petitioner along with submission of charge-sheet,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Darbhanga/court concerned in
connection with Sadar P.S. Case No. 218 of 2025, subject to the
Patna High Court CR. MISC. No.1448 of 2026(2) dt.15-01-2026
3/3
conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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