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Patna High Court

Feku Yadav @ FekuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the regular bail application.

Summary

The petitioner, Feku Yadav, was charged under Sections 121(1), 121(2), 109, 132 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly firing at police while attempting to flee in a vehicle. An earlier bail application was rejected on 26‑11‑2025. The petitioner filed a second bail application seeking renewal of regular bail, but failed to disclose the current stage of the trial. The court observed that before filing a fresh bail petition, counsel must ascertain and state the trial stage, which was not done. Considering the seriousness of the offences and the procedural lapse, the court declined to grant bail and dismissed the application, allowing the petitioner to file a fresh application with proper details.

Issues considered

  • Whether bail should be granted to an accused charged with offences under Sections 121, 109, 132, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
  • Whether the failure to disclose the stage of the trial in a bail application warrants its rejection.

Legislation cited

Subjects

  • bail
  • serious offences
  • waging war against the state
  • arms act
  • trial stage
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18263 of 2026
                       Arising Out of PS. Case No.-625 Year-2024 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Feku Yadav @ Feku S/O Lorik Yadav Resident Of Village- Bhawani Bigha,
                 P.S.- Chiksaura, Dist.- Nalanda

                                                                                     ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Arvind Prasad Singh
                 For the Opposite Party/s :          Mr. Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-04-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Ghosi P.S. Case No. 625 of 2024 registered

                   for the offence under Sections 121(1), 121(2), 109, 132 and 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. Earlier the bail application of the petitioner was

                   rejected on 26.11.2025 in Cr. Misc. No. 64187 of 2025 which

                   reads as follows:-

                                                            Heard learned counsel for the petitioners
                                              and learned Additional Public Prosecutor for the State.
                                                            2. The petitioners seek bail in connection
                                              with Ghoshi P.S. Case No. 625 of 2024 registered for the
                                              offences punishable under Sections 121(1), 121(2), 109,
                                              132, 3 (5) of B.N.S., 2023 and Section 27 of the Arms Act.
                                                            3. As per the prosecution case, on
                                              26.12.2024 at 7 P.M. police on duty near Tarwa More
                                              signaled a Bolero pickup (BR01GK-8687) to stop, but it
Patna High Court CR. MISC. No.18263 of 2026(2) dt.29-04-2026
                                            2/3




                                  fled towards Chandhariya. Police chased it, and at
                                  Govindpur More, the accused fired at police with
                                  intention to kill them. Near Sant Tulsi Das High School,
                                  the accused abandoned the vehicle and escaped. The
                                  vehicle was seized and an FIR lodged.
                                                4. Learned counsel for the petitioners
                                  submits that petitioners have falsely been implicated in
                                  the case. Learned counsel further submits that
                                  petitioner namely, Feku Yadav is accused in five more
                                  similar cases and is in custody since 14.05.2025 and
                                  petitioner namely, Mantu Kumar is accused in 11
                                  criminal cases and he is in custody since 25.05.2025. The
                                  petitioners undertake to co-operate in the case/ trial.
                                                5. Learned APP for the State has opposed
                                  the prayer for regular bail of the petitioners on the
                                  ground that petitioners are involved in firing at the
                                  police party.
                                                6. Considering the gravity of the offence,
                                  this Court is not inclined to grant bail to the petitioners.
                                                7. Accordingly, this application stands
                                  dismissed.



                       4. This bail application has been filed seeking renewal

          of the petitioner’s prayer for regular bail. When this Court

          enquired from the learned counsel for the petitioner regarding

          the present stage of the trial, he expressed ignorance on the

          same.

                       5. It is expected that before filing a bail petition

          particularly one which had earlier been rejected, lawyers must

          obtain proper instructions regarding the stage of the trial and

          specifically disclose the same in the bail application. The same

          has not been done in the present case.

                       6. In these circumstances, I am not inclined to grant
            Patna High Court CR. MISC. No.18263 of 2026(2) dt.29-04-2026
                                                        3/3




                      regular bail to the petitioner. Accordingly, this application for

                      regular bail stands rejected with liberty to the petitioner to file a

                      fresh bail application mentioning the stage of the trial by

                      annexing the latest order sheets.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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