Patna High Court
Omprakash Yadav @ Tanik Yadav @ Omprakash @ TanikversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Omprakash Yadav, was named among 63 accused in a violent incident involving the burning of vehicles and assault on workers during a railway bridge construction, alleged under multiple IPC sections, the Arms Act and a U.P. Act. He applied for regular bail, claiming innocence and arguing that the prosecution's case was vague and that other co‑accused had already been granted bail. The State opposed bail, highlighting the petitioner’s five prior criminal cases. After hearing both sides, the Patna High Court found the allegations insufficient to deny bail and considered the petitioner’s prolonged custody. The court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the charges under the IPC, Arms Act and U.P. Act.
- Whether the prosecution’s evidence is sufficient to justify denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 323, 341, 379, 387, 427, 436, 504, 506
Subjects
- regular bail
- IPC offences
- Arms Act
- U.P. Act
- criminal antecedent
- high court
- bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15383 of 2026
Arising Out of PS. Case No.-264 Year-2016 Thana- SIRDALA District- Nawada
======================================================
Omprakash Yadav @ Tanik Yadav @ Omprakash @ Tanik S/O Late Kuldeep
Yadav R/o Vill-mohra, Ps-atri, Dist-gayaji, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 147, 148,
149, 341, 323, 379, 427, 436, 504, 506 and 387 of the Indian
Penal Code and Section 27 of the Arms Act and Sections 15,
18, 19 and 20 of U.A.P. Act.
3. As per written report, Vinod Kumar Yadav
sustained injury at the place of occurrence who was proprietor
of M/s. Vinod Kumar Yadav Construction Agency. He was
constructing Railway Bridge. He informed the police that under
the leadership of Praduman Sharma, extremists demanded levy
earlier in lieu to construction of Railway Bridge and when he
saw his inability, extremists burnt four vehicles, assaulted and
Patna High Court CR. MISC. No.15383 of 2026(2) dt.26-02-2026
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injured his staff Kailash Yadav and other labourers. He disclosed
that in course of assault and burning, the extremists were calling
each other with their names. He further disclosed the name of 63
accused persons including the petitioner.
4. Learned counsel for the petitioner submit that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Learned counsel for the
petitioner has submitted that it is not palpable that accused
persons while committing the offence will call each other with
their names and it is also not palpable that one may remember
the names of 63 persons. The nature of allegations is general
and omnibus. It has further been submitted by learned counsel
for the petitioner that similarly situated other co-accused person
has already been granted bail by this Court vide Annexure- P/2
vide Cr. Misc. No. 9160 of 2026. Moreover, the petitioners are
languishing in judicial custody since 12.12.2025.
5. Learned APP appearing for the State has opposed
the prayer of regular bail and submits that the petitioner is
having criminal antecedent of five 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. The above named
Patna High Court CR. MISC. No.15383 of 2026(2) dt.26-02-2026
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petitioner is directed to be released on bail in connection with
Sirdala P.S. Case No. 264 of 2016 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Nawada.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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