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Patna High Court

Omprakash Yadav @ Tanik Yadav @ Omprakash @ TanikversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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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